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Amendments to Trademark Laws

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Sep 02, 2012 (Newsletter Issue 13/12)
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New Instructions to Examiners

The Instituto Nacional de la Propiedad Industrial (INPI) issued an internal note with instructions to examiners regarding objections based on the classification of goods and services on May 11, 2012.

These instructions state that:
1. If the examiner objects to the entire description of goods or services of a trademark application and the applicant’s response does not meet the examiner’s criterion, the application will be rejected.
2. If the examiner’s objections relate only to some goods or services of an application and the applicant’s response to the objection does not satisfy the examiner’s criterion, the application will continue its prosecution but the goods or services objected to will be excluded ex officio.

Previously, if the applicant’s response to an objection regarding the classification of goods or services was not accepted, the INPI would reject the entire trademark application, even in those cases where the objection applied only to specific goods and services.

The new instructions do not alter the substantive law. Applicants who disagree with a decision rejecting or partially excluding goods and services may still appeal to the INPI and, subsequently, before the Federal Courts.

Source: INTA Bulletin, vol. 67, no. 14, August 1, 2012