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Modification of the administrative procedure for resolution of oppositions: RESOLUTION 295/2024

Modification of the administrative procedure for resolution of oppositions: RESOLUTION 295/2024

On July 23, 2024, the National Institute of Industrial Property (TMO) issued Resolution 295/2024, amending the opposition procedure established by Resolution INPI No. P-183/18.

This amendment, which will be in force since August 1st, 2024, introduced a new fee of ARS 8900 (approximately USD 9.62 at the current exchange rate) for applicants who wish for the TMO to resolve the ongoing oppositions, where opponents have paid the official fees to maintain them.

Applicants must pay the new official fee within 15 business days from the notification of the oppositions in force and only once per trademark application, regardless of the number of oppositions received.

Failure to make the payment will result in the rejection of the registration application without further action.

Additionally, Article 3 of the resolution established a transitional clause applicable to cases with oppositions in force, where applicants have not replied to them:

This clause allows the TMO to notify applicants to pay the aforementioned fee within a non-extendable period of 15 business days counted from the date of notification. A list of applications whose owners have not replied to the oppositions in force will be published weekly in the Trademark Bulletin to ensure they are notified.

The aim of this modification is to reduce the significant backlog of unresolved oppositions, which have not been responded to by applicants. As the TMO has limited resources, it seeks to avoid expenditure on cases where applicants have lost interest in the trademark registration.

For further information, please do not hesitate to contact ip@ojambf.com

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