Friday, April 14 2023   \  Published by Clarke Modet .

Partial cancellation of trademarks due to non-use: new system in Argentina

Partial cancellation of trademarks due to non-use: new system in Argentina

On June 12, 2023, the partial cancellation of trademark registrations due to non-use will enter into force in Argentina. Trademarks will become vulnerable to cancellation about products or services for which they have not been used in the country within five (5) years before the initiation of the non-use cancellation action.

The concept of partial cancellation represents a substantial change to the current practice in Argentina, where a concept of broad use is applicable. Currently, the use of a trademark on any good or service, even those included in other classes, or as part of a trade name, is sufficient to repel a non-use cancellation action.

Legislative Background

Law 27,444 (published on June 18, 2018) introduced, in Chapter X, various amendments to Law 22,362 on Trademarks and Designations.

Regarding cancellation due to non-use of trademark registrations, the new wording of Article 26 of Law 22,362 states that the National Institute of Industrial Property (INPI) will declare, ex officio or at the request of a third party, and by the regulations to be issued, the cancellation due to non-use of a trademark, even partially, about the products or services for which the trademark has not been used in the country within the five (5) years before the cancellation request. Likewise, its third paragraph adds that the trademark registered and not used in a class, or for certain products or services, will not expire if the same has been used in the marketing of a product or the provision of a service related or similar to those, even if included in other classes. Read more

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