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Amendments to Trademark Laws

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Jun 06, 2019 (Newsletter Issue 7/19)
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Mid-Term Declaration of Use Implemented

On May 27, 2019, the Argentine National Institute of Industrial Property has issued Resolution Nº 123/2019 implementing the requirement of the Mid-Term Declaration of Use (MTDU) to maintain a valid trademark registration.

The MTDU must be filed for trademark registrations granted as of January 12, 2013 and registered for five (5) years. An official fee must be paid. The absence of an MTDU will presume that the trademark has not been used, unless evidence to the contrary is provided.

If the MTDU has not been filed between the fifth and sixth year of the registration of the trademark, an extraordinary official fee is payable for each year of delay in filing the MTDU. This applies to all the trademarks that, as of January 12, 2020, have not complied with the aforementioned obligation.

It should also be noted that if the MTDU is not filed in time, the application for renewal of these marks will only be processed after the MTDU has been filed and the corresponding extraordinary fee has been paid.

Source: O'Conor & Power, Argentina