The INPI has issued certain Criteria for the Proceeding of Rectifications and Waivers

The INPI has issued certain Criteria for the Proceeding of Rectifications and Waivers

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The Argentine Trademark Office (“INPI”) established, through Disposition 195/2021, certain criteria for rectifications and waivers proceedings within the framework of the trademark registration procedures. Among other issues, it provides that: 

  • It shall be valid for foreign trademark owners ‑and therefore will not be subject to ratification- indicating an alternative way of being known within business (as is the case of Asian companies) and/or not indicating their corporate form, if such form is not part of their corporate name, and they are foreign legal entities that under their legislation of origin are allowed to do so. 
  • In the case of word and design or non-traditional trademarks, especially with complex signs, the rectification will proceed when the applicant has indicated at the time of the application the order of the terms, words or letters requested (provided that it is not contradictory for the average consumer).
  • The waiver registration ‑total or partial- on registered trademarks in force, may be formalized by any written means by the owner or its attorney-in-fact for such purpose. 
  • In the event the waiver arises from an opposition, nullity and/or lapse agreement with vague expressions ‑in the opinion of the administration‑, the will of the parties shall be considered. In addition, if there are waivers outside the trademark protection, the same will only apply to those products or services of the original protection.

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