7 August, 2024

Novelties regarding opposition procedures in Argentina

INPI Argentina has introduced changes for opposed aplications: it is now mandatory to pay the new fee or the trademark application will be denied.

New Resolution INPI 295/2024 introduces a new mandatory fee for trademark applicants facing oppositions.

Previously, when a trademark application received oppositions, the opponents were required to ratify them and pay a fee, while the applicants were not obligated to respond or pay any fee.

However, the new regulation stipulates that applicants must now express their interest in having the oppositions resolved by paying a “Applicant Fee” of ARS 8,900 within 15 business days of receiving the notice of the oppositions.

This fee is a one-time payment, regardless of the number of oppositions received. If the applicant fails to pay this fee, the application will be automatically denied.

The Resolution also includes a Transitional Clause that applies to ongoing opposition proceedings. In these cases, a new notice will be issued exclusively for the payment of the fee. If the applicant does not pay the fee, the application will be denied. Conversely, if the payment is made, the proceeding will continue from the stage it was in before the applicant’s omission.

If you require further information regarding this or any other matter, please contact: info@herrero.es

Latam desk coordinator & International Procurement. IP Consultant.