In depth
With the amendment of Trademark Law No. 22,362 by Law 27,444 of 30 May 2018 and Decree No. 242/2019, by Resolution No. 183/2018, the TMO established an opposition procedure by which the applicant and opponent have a three-month term to try to settle the opposition. If the opposition is not withdrawn, the opponent is granted a 15-working-day term, counted as from notification, to ratify the opposition and initiate an opposition proceeding to be decided by the TMO examiner. The applicant then has, as from the date of notice, a 15-working-day term to file its response and evidence.
The new Resolution No. 295/2024 ("Resolution") now establishes that the applicant must show their interest in the application and pay an office fee of approximately USD 10 for the TMO examiner to review and issue a resolution in connection with the opposition filed.
Failure to show interest and pay the fee will be construed by the TMO as a lack of interest from the applicant on the application filed, and the application will be rejected.
The Resolution also applies to all applications that are currently subject to the opposition procedure and that have not yet been decided by the TMO. In these cases, the TMO will notify the applicant and grant a 15 working day term to ratify their interest in the application. Not paying the fee will result in the application being rejected.
The TMO has further reported that, for the sake of order, oppositions that were ratified but have not yet been notified to the applicant will remain pending until the notification procedure established in the Resolution is completed.
* We would like to thank Josefina Sanchez Moccero, Paralegal at Baker McKenzie for her contribution to this alert.
Spanish version
