Important changes in the matter of oppositions in Argentina.
An administrative proceeding is established to replace the previous one, which was resolved in court.
It places the burden of initiating the process on the opponent, whereas before it was the applicant who was obliged to act.
The opposition procedure is as follows:
Once the opposition has been notified, the parties will have a period of 3 months to seek an amicable solution to the conflict (previously the period was 1 year, from its notification).
Once the 3 months period has expired without the parties having reached an agreement, the INPI will notify the opponent so that within 15 working days he may pay a fee of $ 8,900.00 (ADMINISTRATIVE RESOLUTION OF CURRENT OPPOSITIONS – APPLICANT FEE – ART. 2° BIS OF RES. 183/18) and expand on the grounds of the opposition and offer the relevant evidence. Failure to pay the aforementioned fee will cause the opposition to lapse and will be considered by the Trademark Office as a warning.
Once the fee has been paid and the 15-day term has expired, the INPI will notify the trademark applicant, the opposition in force and the eventual extension of grounds, so that within 15 working days he may present his defense and offer all the evidence he deems necessary to help obtain his trademark.
In both cases, the documentary and instrumental evidence must be accompanied with the aforementioned documents. The other means of evidence offered, if accepted by the INPI, must be produced within 40 working days, a term that is common to both parties.
Upon expiration of the term of proof, the INPI will inform the parties giving them a common term of 10 working days so that, if they consider it necessary, they may submit final arguments.
At this stage, the parties may inform the INPI that they have agreed to submit the case to a mediation, conciliation or other alternative dispute resolution process. This notification will suspend the proceedings for 30 working days.
Upon expiration of the 10-day period or the 30-day period without an agreement having been reached, the INPI shall decide whether the opposition is well founded or not.
The decision of the INPI may be challenged before the Federal Civil and Commercial Court of Appeals of the Autonomous City of Buenos Aires within 30 working days of notification.
This resolution will become effective as from September 16, 2018, but in practice, all opposition proceedings that are currently pending will have to be adapted to the new administrative procedure.
