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Amendments to Trademark Laws

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Feb 01, 2011 (Newsletter Issue 2/11)
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Mediation Law Changed

The recent sanction of the Argentinean Mediation Law, Number 26859, has incorporated different changes which have direct effects in the trademark administrative proceeding.

Before same, in order to accept complaints of applicants claiming the cease of an opposition, Trademark Office required the completion of the mediation stage within one year as from the notification of oppositions lodged by third parties (according art. 16, Law 22362)
Though mediation is still a preliminary and compulsory stage before Court instance, new law has established that initiation of mediation within the annual term suspends the corresponding deadline that is being resumed from 20 days counted from the mediation Act closure. Term to complete mediation has been set in 60 days, so that there has been an extension of 80 days in that annual term which was originally provided by Trademark Law.
Consistent with these news, Trademark Direction has ruled Disposition N° 2038/10 which establishes:

- If initiation of a complaint or withdrawal of opposition/s takes place one year after the notification of opposition/s to the applicant, the interested party must justify that terms had been suspended. For such effects, applicant must file a copy of documentation which demonstrates the initiation, extension, or completion of the mediation stage.

- The application will be considered abandoned if the applicant does not give notice of a lawsuit or withdrawal of opposition/s, within three months counted from the annual term. In order to avoid this penalty, applicant must declare every three months that mediation stage is still pending.

These new modifications implies taking special care in the calculation of terms involved, and proceed with the required presentations in order to avoid the abandonment of the application.