Resolution 295/2024: Modification to the Regulations for the administrative instance for the resolution of oppositions.
Buenos Aires, Argentina, July 23, 2024.
Resolution 295/2024 (hereinafter the “Resolution”), issued by the National Institute of Industrial Property (hereinafter the “INPI”), was published in the Official Gazette of the Argentine Republic, which amends INPI Resolution No. P-183/13 (Regulations for the administrative instance for the resolution of oppositions). The Resolution modifies the opposition process by creating a fee for those trademark applicants who have an opposition and wish to continue with the proceedings until the INPI's decision.
The purpose of the rule is to expedite the resolution of trademark disputes, avoiding the waste of resources in applications in which the applicants no longer have an interest.
Based on the existence of thousands of files pending before the Opposition Resolution Unit, the Resolution establishes the following stipulations, among others:
- Fees: Creation of the fee corresponding to “Administrative Resolution of Oppositions in Force - APPLICANT FEE - ART. 2° BIS of Res. 183/18”, which must be paid by the applicant only once for each trademark application, regardless of the number of oppositions in force maintained.
- Effects of non-payment: Incorporation of Art. 2° BIS to Annex I to Resolution INPI No. P-183/13. Said article establishes that the applicant of new trademarks who is interested in having the National Directorate of Trademarks resolve the oppositions that were filed against its application for registration and that remained in force, must pay the fee within the term to answer the transfer of the oppositions maintained. Failure to pay shall imply the rejection of the application without further proceedings.
- Ongoing proceedings: Incorporation of a transitory clause for all those opposition resolution processes that are in process, without the respective resolution opinion having been issued and in which it is found that the applicants have omitted to answer the transfer. Said clause establishes that the National Directorate of Trademarks shall summon the applicants to pay the fee within 15 administrative working days, under penalty of refusing the application.
- Character of deadlines: The regulated deadlines are peremptory and may not be suspended or extended.
Text New Article 2º bis Annex I Resolution INPI P-183/2018 incorporated by Resolution INPI P-295/24:
“Article 2º bis. Within the term set forth in Article 2 herein, those applicants for new trademarks who are interested in having the NATIONAL TRADEMARK DIRECTION resolve the oppositions that were filed against their application for registration and that remain in force, shall be obliged to pay once for each application, the fee corresponding to the “Administrative Resolution of the Oppositions in Force - APPLICANT FEE ART. 2° BIS of Resolution 183/18”.
Read more about Resolution 295/2024 published.
