Partial cancellation of trademarks due to non-use
日期：
2023-04-19 10:56
浏览次数:
71
As of June 12, 2023 in Argentina, the partial cancellation of a registered trademark will enter into force, which will proceed with respect to those products or services protected by its registration, for which the trademark has not been used within the last 5 years, remaining in force for the remaining products or services for which its cancellation was not requested.
It is a requirement for the request for partial cancellation that the trademark has not been used in respect of related or related products or services or as part of the designation of an activity related to the products or services protected by its registration.
The request for partial cancellation will be processed by administrative claim before the Trademark Office of the National Institute of Industrial Property. Like the total expiration proposal, it may be requested independently or within the context of an opposition.
The request for partial cancellation will only proceed as long as the petitioner invokes and proves the affectation of a subjective right; for example, that the purpose of the action is to obtain the partial removal of an antecedent that is identical or can be confused with a trademark application of its ownership.
The administrative procedure for partial cancellation includes filing a claim with the Trademark Office of the National Institute of Industrial Property, forwarding the request for a period of 15 (fifteen) business days, for the purpose of the registration holder responding and accompany the relevant proof.
Once the transfer has been answered or the term to do so has expired, the National Trademark Office of the INPI will decide.
The final resolution issued by the National Directorate of Trademarks of the INPI may only be appealed directly before the National Chamber of Federal Civil and Commercial Appeals, within the period of 30 (thirty) business days provided for in article 26 of Law 22,362.
As of June 12, 2023, a new opportunity opens for trademark applicants. It is possible that many of these records become susceptible to partial cancellation due to lack of use, in relation to some products or services.
Source: POTENZA & ASOCIADOS