Any interest party may oppose a trademark published in the INPI official journal within 30 days of its publication.
Procedure of trademark opposition:
- Notice of Opposition: In Argentina, any person may file an opposition to a trademark within 30 days of its publication in the official trademark journal. This initial filing, signals the intent to challenge the mark. It doesn’t need to include all the evidences or arguments related to the opposition, but the deadline is strict and cannot be extended.
- Cooling-Off /Negotiation Period: Once the opposition is filed, the Trademark Office notifies the applicant. Both parties then enter a 3-month negotiation period to try and reach a settlement. If a settlement is reached and the application is withdrawn during this time, it must be reported to the Office.
- Evidence and Administrative Process: If no settlement is reached, the opponent must confirm the opposition by paying a fee within 15 working days and submitting a detailed brief with supporting evidence. The Office then informs the applicant, who has 15 days to respond and pay the required fee. While responding to the evidence is optional, fee payment is mandatory to keep the application active. If the Opponent does not maintain the opposition, the administrative instance will not be opened and, however, the opposition will be considered as informal objection. In this case, INPI, Argentina will resolve the matter at its discretion.
- Decision and Appeal: Once the evidentiary period is over, both sides are required to present their final briefs / arguments within a period of 10 days. Thereafter the Office decides the case on its merits. The decision can be appealed only before the local Court of Appeals. Since no new evidence or arguments can be introduced during the appeal, it’s essential to present a complete case during the administrative phase.