Argentina’s Trademark Law establishes the requirement to use the trademark to preserve the exclusivity rights granted by its registration. As a consequence, a trademark registered in Argentina may face a cancellation request from a third party for lack of use.
Trademark cancellation for non-use occurs when a registered trademark has not been used in Argentina for a continuous period of five (5) years. In such cases, the registration may be cancelled through an administrative proceeding before the National Institute of Industrial Property (INPI).
Cancellation for non-use may be requested by any person with a legitimate interest, including companies or individuals whose rights could be affected by the continued registration of the unused mark.
The cancellation only proceeds against those trademarks that were registered at least five (5) years before the cancellation request.
Once the cancellation action is initiated, the trademark owner is formally notified by INPI and granted a term of fifteen (15) business days to respond and submit evidence demonstrating use of the mark.
After the response is filed — or once the response period expires — INPI will issue a decision based on the evidence submitted by the parties.
Yes, the resolution that declares the cancellation of the trademark can be appealed within thirty (30) business days from the notification through direct appellation before the National Court of Appeals in Civil and Commercial Federal Matters.
Conclusion
In conclusion, the cancellation of a trademark implies that the INPI declares it extinguished due to lack of use. If you need advice on trademark cancellation in Argentina, contact us.
