Obligation to declare use of trademarks in Argentina
We are pleased to inform you that the Executive Branch has eventually issued the regulatory decree of trademark law no. 22,362 and its modifications.
This law and its regulatory decree both establish the obligation to file an affidavit stating for what products or services trademarks that have been granted 5 years ago have been used. The term for the submission of this declaration is one year and begins to run as from the moment in which they reach five years of granting.
Failure to file this declaration will presume the lack of use of the trademark, which would enable the Trademark Office to rule its expiration in the absence of proof to the contrary. The regulation also establishes that trademark renewals will not be analyzed until the declaration has been filed and its fees have been paid. It is worth mentioning that the local PTO sets a cumulative rate for each year of delay in the filing of the affidavit.
The drafting of the regulatory decree is not conclusive as to the implementation details regarding its applicability to trademarks that have been granted more than five years ago on the date of its entrance into force, which will occur next June 3rd. As more details of this new obligation are known, we will be sharing them with you.
Apart from continuing with these bulletins, rest assured that we will be communicating with you as to each particular case that requires an action for the maintenance of your trademarks.
Yours faithfully.
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