Argentinian Patent and Trademark Office Extends Suspension of Terms by Resolution Nr. 51-2020

By Moeller IP.

The Argentinian Patent and Trademark Office published the Resolution N 51-2020 in the Electronic Official Bulletin of June 9, 2020, introducing the following:

Considering the current sanitary emergency, to extend the suspension of terms determined by the Resolutions N 16-2020, 22-2020, 34-2020, 37-2020, 42-2020, and 47-2020 until June 28, 2020, inclusive.

We will continue to provide legal updates as needed and requested, to our clients and colleagues worldwide, and wish you to stay healthy and safe.

Please do not hesitate to contact us at any time with any doubt or questions you may have.

Source: https://www.boletinoficial.gob.ar/detalleAviso/primera/230355/20200609

Argentinian Patent and Trademark Office Extends Suspension of Terms by Resolution Nr. 47-2020

By Moeller IP.

The Argentinian Patent and Trademark Office published the Resolution N 47-2020 in the Electronic Official Bulletin of May 27, 2020, introducing the following:

Considering the current sanitary emergency, to extend the suspension of terms determined by the Resolutions N 16-2020, 22-2020, 34-2020, 37-2020, and 42-2020 until June 07 2020, inclusive.

We will continue to provide legal updates as needed and requested, to our clients and colleagues worldwide, and wish you to stay healthy and safe.

Please do not hesitate to contact us at any time with any doubt or questions you may have.

Source: https://www.boletinoficial.gob.ar/detalleAviso/primera/229816/20200527

Argentinian Patent and Trademark Office Extends Suspension of Terms by Resolution Nr. 42-2020

By Moeller IP. 

The Argentinian Patent and Trademark Office published the Resolution N 42-2020 in the Electronic Official Bulletin of May 12, 2020, introducing the following:

Considering the current sanitary emergency, to extend the suspension of terms determined by the Resolutions N 16-2020, 22-2020, 34-2020, and 37-2020, until May 24, 2020, inclusive.

We will continue to provide legal updates as needed and requested, to our clients and colleagues worldwide, and wish you to stay healthy and safe.

Please do not hesitate to contact us at any time with any doubt or questions you may have.

Source: https://www.boletinoficial.gob.ar/detalleAviso/primera/229132/20200512

Argentinian Patent and Trademark Office Extends Suspension of Terms Determined by Resolution Nr. 34-2020

By Moeller IP. 

The Argentinian Patent and Trademark Office published the Resolution Nr 34-2020 in the Electronic Official Bulletin of April 13, 2020, introducing the following:

Considering the current sanitary emergency, to extend the suspension of terms determined by the Resolutions N 16-2020 and 22-2020, until April 26, 2020, inclusive.

We will continue to provide legal updates as needed and requested, to our clients and colleagues worldwide, and wish you to stay healthy and safe.

Please do not hesitate to contact us at any time with any doubt or questions you may have.

Source: https://www.boletinoficial.gob.ar/detalleAviso/primera/227720/20200413

INPI: Argentina Suspension of Terms Resolution N 22-2020

By Natalia Rodriguez. Lawyer

Resolution N 22-2020

The Argentinian Patent and Trademark Office published the Resolution N 22-2020 in the Electronic Official Bulletin of April 2, 2020, introducing the following:

Considering the current sanitary emergency, to extend the suspension of terms determined by the Resolution N 16-2020, until April 12, 2020, inclusive.

We will continue to provide legal updates as needed and requested, to our clients and colleagues worldwide. We wish you to stay healthy and safe.

Please do not hesitate to contact us at any time with any doubt or questions you may have.

Source: https://www.boletinoficial.gob.ar/detalleAviso/primera/227374/20200402

Argentinian Patent and Trademark Office Resolution Nr.16-2020

By Moeller IP.

Resolution Nr. 16-2020 due to coronavirus

The Argentinian Patent and Trademark Office published the Resolution Nr.16-2020 in the Electronic Official Bulletin of March 18, 2020, introducing the following notices:

Due to the coronavirus (COVID-19), to suspend until April 3, 2020, all terms related to summons, office actions, requirements or notifications, as well as legal or regulatory summons, office actions, requirements or notifications, being in progress at the date March 12, 2020.

The suspension of terms shall not prevent to consider as duly met, the acts that have been filed or are filed within the original term conferred. Such a measure may be extended, if the causes that motivated it, still exist.

We will continue to provide legal updates as needed and requested, to our clients and colleagues worldwide, and wish you to stay healthy and safe.

Please do not hesitate to contact us at any time with any doubt or questions you may have.

Source: https://www.boletinoficial.gob.ar/detalleAviso/primera/226931/20200318

Argentina – National Institute of Industrial Property Resolution 288/2019

By MoellerIP Team

National Institute of Industrial Property Resolution

RESOL-2019-288-APN-INPI#MPYT

City of Buenos Aires, October 21, 2019

In consideration of Law No. 22362 on Trademarks and Designations and modifications thereto , regulatory decree 242 dated April 1, 2019, Resolutions 214  of July 11, 2011, No. 266 of October 23, 2012, No. 250 of September 27, 2018, No. 123 of May 23, 2019, all of them issued by the NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY (INPI) and Disposition of former  National Organism of industrial Property dated 13 June 1963 and

WHEREAS

Article 10 of Annex to the regulatory decree 242/2019 establishes that the proceedings followed in respect to the Authority of Law 22362 on Trademarks and Designations and modifications thereto, must be filed with INPI.

Proceedings at INPI can be filed personally or through the INPI´s web page as per Resolution INPI No. P-266/12.

The filings entered personally in the Organism must be made through the forms corresponding to trademark application, trademark renewal and opposition, approved by Annex to Resolution INPI No. P-214/11, which have been further amended several times

Article 1 of Resolution No. P-250/2018 establishes that all cases before INPI shall be filed and followed electronically and shall be filed through INPI´S webpage.

Article 22 of Annex I (IF-2018-47346817-APN-DAL#INPI) of Resolution 250/2018 establishes that INPI shall digitize all filings made through paper and the proceeding shall continue by electronic means.

Forms completed through the webpage

When filings of new trademarks, renewals, and oppositions are entered through the webpage, users shall complete all information required.

Unlike paper forms which are filed personally in the Organism, forms completed through the webpage have different validations which prevent users from further completing the document when any essential, field has been left in blank reducing thus, the formal observations in this type of proceedings.

In addition, the display of new trademark applications, trademark renewals and oppositions filed by means of the webpage, are almost immediate.

In light of the above, it is necessary to implement a system allowing the electronic upload of the forms corresponding to new trademark applications, renewals and oppositions after which the user may choose to file them electronically or else, download and print them for filing personally at INPI.

The data entry through the webpage shall optimize INPI´s internal procedures and will expedite and improve the terms for the completion and granting of the rights claimed in each of the filings.

Registration of a new trademark

Those who wish to obtain the registration of a new trademark, must indicate the products and/or services to be distinguished by the corresponding sign.

By means of Disposition  No. 3/61 of former National Organism of Industrial Property , in those cases where the applicant intends to distinguish  all the articles  of a class , it is not necessary to list all of them in the application, but simply indicate that the application is for all the articles of the class, with the expression “all class”.

Said norm had the aim of speeding up the formal evaluation of the trademark applications  since with just mentioning the number of the Nice class plus the phrase “all class”, it was no longer necessary to examine  the correct classification of all the products or services  detailed in the application, and also control the correct publication of the sign in the Trademarks Bulletin.

Though the said aim was extremely useful in the past, nowadays there are numerous free tools available online which permit the easy classification of products and services pursuant to Nice Agreement.

“TMclass” tool

In the last years said tools, in particular “TMclass” handled by the EUIPO, have been consulted and used permanently by the National Department of Trademarks and also, quoted as reference at the moment of objecting some incorrect classification of a product or service of a determined class

Furthermore, Trademark applicants have also started using these tools at the moment of applying for a trademark or to reply to some objection

In light of the foregoing it turns out to be appropriate to promote the use of these modern classification tools by the users of industrial property services in order to facilitate the selection of products or services through lists of terms internationally harmonized

The advantage of the system of individual selection of products and services facilitates competition in the market, since it prevents a TM applicant from protecting all the products or services contained within a class, which in many cases shall not be used in commerce

The data electronic upload system plus the implementation of this harmonized term tools (Tmclass) make the proceeding simpler for the user and optimize human and material resources in the institute, expediting in this way, the proceeding itself.

Although INPI promotes the use of tools that are helpful for the classification and considering there is no list contemplating the universality of all existing  products and services, use of this tool is not restrictive for the above purpose, but it will also help the users to include other products or services intended to be protected by their trademarks , in which case INPI will then evaluate them formally by traditional means

Resolution NO.123 of May 23

Resolution No. 123 of May 23, 2019 approved through Annex thereto, the complementary regulations to Decree 242/19

With the aim of promoting the regulatory simplification it is appropriate to incorporate the present regulation within Annex of Resolution 123 of May 23, 2019

The NATIONAL TRADEMARKS OFFICE, DIGITAL AND INFORMATION TECHNOLOGY OFFICE, ADMINISTRATIVE COORDINATION OFFICE and LEGAL AFFAIRS OFFICE have taken the appropriate measures

EPO and INPI Argentina sign first Reinforced Partnership Agreement

By José Santacroce, Partner and Head of Patent Department

EPO and INPI Argentina sign a Memorandum of Understanding (MoU)

The European Patent Office and the National Institute of Industrial Property (INPI) of Argentina are stepping up their cooperation. EPO President Antonio Campino and INPI President Damaso Pardo signed on 2 July 2019 a Memorandum of Understanding (MoU). The purpose is establish a Reinforced Partnership programme between both offices. This comprehensive cooperation agreement is the first of its kind to be set up by the EPO with an IP office in Latin America. The meeting of the Heads of Office took place on the margins of the IP Executive Week in Alicante.

According to Antonio Campinos, thanks to this agreement, the EPO can work more closely with one of the largest economies in Latin America. In addition, the EPO can also strengthen its relations with this dynamic region. Building on EPO long-standing ties with INPI, the agreement will help better meet the needs of companies in Argentina and users around the globe.

According to Damaso Pardo, this agreement aims to render the respective patent systems as efficient, user-friendly and reliable as possible for innovators; a robust patent system is an essential instrument for stimulating innovation, entrepreneurship and economic development.

Reinforced Partnership programme objectives

Through their Reinforced Partnership programme, the EPO and INPI will work together to achieve shared objectives such as ensuring that the patent systems in both regions offer the best possible services to innovating businesses and inventors in an effective manner in order to benefit the economy and society as a whole.

The Offices will also focus on a number of activities aimed at strengthening capacities in search and examination in emerging technologies fields such as the Internet of Things  (IoT) and Industry 4.0, as well as capitalising on EPO work products, tools and standards.

The EPO and INPI have a long-standing history of cooperation. A previous MoU on technical cooperation was signed in Buenos Aires in May 2017, which will be replaced by the most recent MoU on Reinforced Partnership.

Source: www.epo.org

INPI Resolution No. 123/2019

By INPI Argentina

Moeller IP Advisors kindly informs to clients and friends that on May 27, 2019, the INPI Resolution No. 123/2019 was published, clarifying the recent modifications of our Trademark Law and its regulatory decree.

By this Resolution, the following is determined:  

1. Multiclass applications are not allowed. Trademark applications should be filed indicating only one class of the Nice Classification.
2. The obligation of filing a Declaration of Use falls only upon trademarks and trademark renewals granted as of January 12, 2013.-
3. A grace period of up until January 12, 2020 is stablished to comply with the submission of the Declaration of Use for trademarks and trademark renewals granted between January 12, 2013 and January 12, 2014.- Further information regarding the Declaration of Use may be found
4. Trademark renewal applications may be filed as from 6 months prior to the expiration date and up to 6 additional months from said date.
5. The notification system of our TM Office remains the same until further regulation is issued regarding electronic notifications.
6. Two extension of term of 10 and 5 days is automatically granted to the ordinary 30 days term for replying to an Official Action provided that the corresponding fee is duly paid.

Important information regarding Declaration of Use in Argentina

Filing of Declaration of Use mandatory. Term

The obligation of filing a Declaration of Use (DOU) falls only upon trademarks and trademark renewals granted as of January 12, 2013.- The DOU should be filed as from the 5^th anniversary of validity up until the 6^th anniversary of validity, together with the payment of the corresponding fee.

Grace period for filing Declaration of Use

A grace period of up to January 12, 2020 is stablished to comply with the submission of the DOU for trademarks and trademark renewals granted between January 12, 2013 and January 12, 2014.-

If the DOU is not submitted in due time, it could be later on filed provided that an additional fee is paid or each year of delay.

Proof of use

The submission of proof of use is not required. Filing of the DOU, executed by Moeller IP in representation of their clients, is sufficient.

Use of marks

The mark that was not used in the first 5 years becomes vulnerable to cancellation due to lack of use. However, the mark would not be lost unless the cancellation is been declared at the request of a third party. The subsequent use regularizes the use situation of the mark.

If the mark is used only for some products in the class, the products that were not used would be vulnerable due to lack of use. However, this would not affect the validity of the registration for all the products it protects unless there is a cancellation request filed by a third party.

If the mark is used for products or services in other classes of the Nice Classification, this use would suffice to preserve the validity of a registration provided that said products or services are related to the class in question. The same goes in case the mark is used to designate activities related to the products or services protected by the registration.

We hope this information is clarifying and Moeller’s team remains available for any information or clarifications you may need. If you have any questions please reach out to us via trademarks@moellerip.com

Source: http://www.inpi.gob.ar/

Argentina INPI – Resolution 112/2019

By José Santacroce, Partner and Head of Patent Department

The Argentine INPI has published on 29 April 2019 Resolution 112/2019 with the objective to accelerate substantive examination of Argentine first filing patent applications.

The text of said resolution is the following:

SEEN the file EX -2019-16551501- -APN-DOINPI, of the Law of Patents of Invention and Utility Models N° 24,481 (t. o. 1996), as amended by laws Nos. 24,572, 25,859 and 27,444, and by the Regulatory Decree N° 260 dated March 20, 1996, Annex II; and

CONSIDERING:

That, today, Argentina is undergoing a transformation and modernization process which aims to an economy growth based on the incorporation of local and world value chains, regarding innovation as the main axis of the productive development.

That, in this frame, the protection of innovations through the system of patents of invention and utility models fulfills a significant role in the competitiveness of firms, especially our PYMES (Small and Medium Sized Companies, from the acronym in Spanish), which invest in innovation and request to protect cash advances and inventions to be afterwards apply to an industrial development.

That this INSTITUTE is adopting several measures, starting with the reform to the proceedings of Patent Law, so that the applicants are granted all the corresponding registration with higher celerity, efficiency and quality and especially within the field of patents of inventions and utility models, being aware that the simplification of processes enhances competitiveness and has a strong impact in the saving of fees and costs to the applicant.

That, within the frame of the proposed actions, the creation of a program of Priority Patent Examination (PEP) is relevant, when the first regular application of patent is performed in Argentina.

That the Priority Patent Examination (PEP) will result in a proceeding rule to early access to a substantial examination, subject to the meeting with certain conditions, but that this does not imply any change to substantial rules of current ruling on this matter.

That the NATIONAL PATENT ADMINISTRATION and the DIRECTION OF LEGAL AFFAIRS have intervened, as applicable.

That this document is issued pursuant to the authority conferred by Article 92 item k) of Law N° 24,481, as amended by Law N° 27,444.

For this reason,

THE PRESIDENT OF THE NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY DECIDES:

ARTICLE 1°.- To create, within the frame of the National Patent Administration (ANP) the program of Priority Patent Examination (PEP).

ARTICLE 2°.- The program will be applicable to those patent application that meet the following conditions:

a) the first regular filing of patent of invention application has been performed in Argentina;

b) the application is published in the patent bulletin of this Institute;

c) the third party objection period is expired,

d) the substantial examination fee has been paid;

e) the corresponding substantial examination has not been performed;

f) no other accelerated proceeding has been required for the same application.

ARTICLE 3°.- The applicant who wants to apply to the PEP should complete the form attached as annex IF N° IF- 2019-39703985-APN-INPI#MPYT to this resolution and at the same time the following should be submitted:

a) a national and international search report issued by the Direction of Technological Information and Documentation of INPI;

b) an affidavit of not having filed the invention object of the PEP program in another patent office before;

c) in the case the applicant is a small and medium sized firm, the proof certificate therefor; and

d) the payment of the fee for the application of the present priority examination.

ARTICLE 4°.- After the requirements of the previous articles are met, the patent office will decide on suitability within SIXTY (60) running dates, as from the request date.

ARTICLE 5°.- The present program will extend for a term of three (3) years, from the enforcement of this resolution, to be extended for equal and successive periods.

ARTICLE 6°.- The present resolution will be in force after THIRTY (30) days from the date it is published in the Official Bulletin.

ARTÍCULO 7°.- Be this registered, notified and sent to the National Direction of Official Registration for publishing in the Official Bulletin for the term of (1) day, and after being met, be it published in the Patent Bulletin, with a copy in the notification board, on the web of INPI and then be it filed.

Source: www.boletinoficial.gov.ar