Argentina seeks to simplify trademark processes
Mauricio Macri, President of Argentina, has issued an emergency degree proposing important changes to the way trademarks are filed.
The decree was presented on Thursday, January 11, according to a post by Carlos Castrillo, partner at Argentine law firm Castrillo & Castrillo, on the Class 46 blog of Marques, the association of European trademark owners.
Almost 200 articles are included in the emergency degree, which is intended to simplify administrative processes and enhance the country’s business.
Francisco Cabrera, production minister in Argentina, said in a news conference that “the goal is to get rid of or simplify norms that for whatever reason are outdated and pose obstacles”.
Proposed changes to the trademark opposition procedure are: introducing the electronic filing of oppositions; reducing the cooling off period, from 12 to three months; allowing the Trademark Office (TMO) to rule on oppositions; changing the way matters are heard and evidence is presented in oppositions; and allowing both parties to appeal against the TMO decision within 30 days.
Other proposed changes include expanding the breadth of the ‘sufficient proof of use’ criteria to allow trademarks to remain registered, and increasing the TMO’s power to assess questions regarding cancellations based on ‘lack of use’.
Under the proposal the TMO will be given the power to alter any procedure and cost to speed up the granting of trademarks. Castrillo noted that this may include the abolition of relative grounds refusals, accepting multi-class filings, and allowing pre-grants before opposition.
Castrillo is hopeful that the changes will “bring the Argentine trademark procedure more in tune with the rest of the world”.
The decree also proposes to allow companies to automatically acquire licences to import items which currently need government approval, including industrial items such as rolled steel and agricultural machinery.
Since taking office in 2015, Macri has taken steps to reform processes holding back investment in the country, such as introducing tax and pension reforms in 2017.
Any objections to the President’s decree must be filed by the permanent chamber of the congress within ten days of the decree’s publication.
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