The Argentine National Institute of Industrial Property (INPI), declared ex officio the nullity of the granting of the mixed trademark “STRANGE BREWING” (Application No. 4128618, class 43). The administrative decision was adopted after detecting a serious and incurable defect in the proceeding: the agency granted the registration without having previously published the application in the Argentine Trademark Bulletin.
Despite the opposition raised by the holder, Strange Brewing S.A., the opinion emphasized that the publication prescribed by Section 12 of the Trademark Law is not a mere formality or an internal procedure, but rather a substantial and irreplaceable requirement to guarantee transparency. Its omission violates the right of defense and due process of third parties with a legitimate interest by depriving them of the opportunity to file oppositions.
The agency applied administrative nullity to roll back the proceedings to the formal examination stage and order the proper publication of the sign. The resolution recalls that only once the legal term has elapsed without protests from third parties may the INPI validly grant the registration without procedural defects.
In trademark law, the formal procedure protects the rights of the entire market. An administrative error or omission at the publication stage constitutes an absolute defect that annuls the granting, reaffirming that there are no vested rights over defective trademark registrations.
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