Argentine trademark law requires trademark owners to file a Mid-Term Declaration of Use (MTDU).
This obligation was introduced by Law No. 27,444, which amended the Argentine Trademark Law, and was subsequently regulated by INPI Resolution No. 123/2019.
On June 3 of the same year, the National Institute of Industrial Property (INPI) issued Resolution 123/2019, which complemented said section of the Law, establishing the procedure for the presentation of the Mid Term Declaration of Use.
Here are the main points of this new regulation.
When Must the Mid-Term Declaration of Use Be Filed?
Trademark owners must file the Mid-Term Declaration of Use between the fifth and sixth year counted from the registration date of the trademark.
Through this declaration, the trademark owner confirms that the mark has been used in Argentina.
What is the consequence of not filing the Mid Term Declaration of Use of a Registered Trademark in Argentina?
The lack of presentation of the Declaration produces, on one hand, the presumption that the registered trademark was not used. Although the lack of it and the presumption that it entails admit proof to the contrary, third parties could request the total or partial cancellation of the registered trademark.
On the other hand, the failure to present the Declaration generates the obligation to pay an additional fee, which accumulates year after year, until the time of renewal. Subsequently, to renew the trademark, the payment of the accumulated fees and the Declaration of Use will be essential requirements.
Assistance with Mid-Term Declarations in Argentina
For further information regarding Mid-Term Declarations of Use, trademark monitoring or trademark prosecution in Argentina, please contact us.
