ARGENTINA Law and Practice Contributed by: Santiago R O’Conor, Gisela M Russo, Gisela M Manrique and Ayelen Rocio Velaz, O’Conor & Power
based on trade marks abroad, trade marks used or a trade name (in accordance with the Paris Convention and the TRIPS Agreement). While an attorney is not needed to file an opposition,, legal representation is necessary to initiate the admin - istrative resolution of oppositions. The cost to file an opposition with the Trade Mark Office is ARS17,680 and trade mark maintenance costs are ARS88,400. Lawyers’ fees will vary depend - ing on experience and seniority. A revocation or nullity action may be filed by third parties. 5.4 Opposition or Revocation/Cancellation Procedure Once the trade mark has passed the absolute grounds examination, it is published in the Official Bulletin and third parties have 30 calendar days to file an opposi - tion. The applicant is officially notified and has a term of three months to seek an amicable withdrawal of the objection At the end of this period, if the opposition has not been withdrawn, the Trade mark Office will notify the opponent to maintain the opposition within 15 work - ing days, pay an additional fee, and to expand on the grounds and provide any evidence it deems neces - sary. If the opposition is not maintained, the trade mark application returns to substantive examination by the Trade Mark Office. Subsequently, the Trade Mark Office notifies the appli - cant only of the maintained oppositions and grants the applicant a term of 15 working days to pay the official fee corresponding to the opposition proceedings and to respond to each maintained opposition, providing the evidence they consider necessary. Acceptable proof includes documentary evidence of previous trade mark registrations, both in Argentina and abroad, and proof of use, such as brochures, invoices and related links.
Further, there is a period of 40 days to produce the supporting evidence, after which the Trade Mark Office issues an opinion on the evidence, indicating which items are accepted and which are denied. There is then a period of ten working days to file a voluntary writ containing the final arguments; at this time, it is also possible to request the suspension of deadlines for reaching an amicable agreement. None of these deadlines can be extended. Finally, if the opposition has not been withdrawn, the Trade Mark Office will issue its decision, confirming whether it is well-founded or ill founded. Likewise, alongside the maintenance or opposition process, the parties may also file a cancellation or nullity action. Partial cancellations and nullities are acceptable in Argentina. 5.5 Legal Remedies Against the Decision of the Trade Mark Office According to Section 17 of the Trade Mark Law, the decisions on oppositions issued by the National Direc - torate of Trade Marks shall only be subject to direct appeal before the National Chamber of Appeals in Civil and Commercial Federal Matters within 30 work - ing days from the date of their official notification. The appeal shall be filed with the INPI, which will forward it to the courts under the conditions set forth in the applicable regulations. 5.6 Amendment in Revocation/Cancellation Proceedings Amendment is not possible in revocation/cancellation proceedings. 5.7 Combining Revocation/Cancellation and Infringement Decisions in infringement and revocation cases are processed separately since they have different pur - poses. Expiration arises due to lack of use of the trade mark and infringement focuses on the damage caused. The deadlines are also different for the two procedures.
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