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Trademark opposition procedures in Argentina have traditionally fallen under the competence of the judiciary, leading to considerable delays in the registration of trademarks and increase of costs, particularly by arisen obstacles and the impossibility of reaching an amicable settlement.

On July 18, 2018, the Resolution P-138 was published in the Argentinian Trademark and Patent Gazette. The resolution regulates the new administrative procedure for trademark oppositions, in contrast to its previous judicial character.

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HERRERO & ASOCIADOS is proud to announce, that Eric Alavez, Director of the Herrero & Asociados’ office in Mexico, has been chosen as the best individual expert in prosecution od patents in Mexico, according to the IAM  Patent 1000 – the World’s Leading Patent Professionals ranking of 2018 (http://www.iam-media.com/patent1000/rankings/). Eric Alavez, experienced patent agent in Mexico and chemical engineer, is also a member of the AMPPI. By providing the best service to our clients, he has decisively contributed to the international growth of H&A over the last 10 years.

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China Brazil Flags

Please be informed that the BRPTO published on January 30, 2018, the Resolution No. 209 implementing the PPH Pilot program between SIPO and BRPTO. According to this Resolution, the Applicant may request fast-track examination for a Brazilian patent application whose Chinese counterpart has been already allowed.

PARTICULAR RESTRICTIONS TO THE ELIGIBILITY:

The Program will accept applications belonging to patent families whose at least:

  • the first application has been filed at the BRPTO or the SIPO; and 
  • in case of a PCT application the BRPTO or SIPO was designed as receiving office. 

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WORLD TRADEMARK REVIEW 1000, 2018 about HERRERO & ASOCIADOS:
INTERNATIONAL

A unique selling point for Spanish player Herrero is its ability to serve as a one-stop shop for clients protecting and enforcing trademarks in both Europe and Latin America. In recent years, it has amped up its offering considerably by opening branches in Argentina, Brazil and Mexico under the direction of Madrid-based head of international affairs Maria Ángeles Moreno. The latter is the most mature of these, and Rio de Janeiro’s Maria Pia Guerra has been eliciting rich praise; like one or two other individuals mentioned in the international section of the guide, she earns trust because she is unafraid to tell clients what they might not necessarily want to hear if she feels it is in their best commercial interests. This year, Buenos Aires pro Guillermo Alcaraz makes a debut appearance in the Argentina listings.

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January 11, 2018

This is to kindly inform you that on January 11, 2018 Decree 27/2018 was published in the Official Gazette.

Said Decree seeks to simplify and reduce the length of proceedings before an important number of national offices and departments introducing substantial modifications in the Laws and rules governing them.

The key amendments are the following

TRADEMARKS

  • Filing of oppositions at INPI shall be submitted electronically.
  • The manner in which oppositions are settled will be amended: If the parties fail to reach settlement within a 3 months period (previously 12) as of the date applicant is notified of the opposition, the Trademark Office will issue a decision after the parties undergo an administrative proceeding that has still to be outlined. Decisions issued by the Trademark Office will be subject to appeal before the Federal Court of Appeals within 30 working days.
  • The Trademark Office will have the authority to decide on the cancellation and lapsing of trademarks in accordance with the regulations that are still to be issued. In what respects cancellation of trademarks, exception is made of any cases involving piracy or bad faith.
  • The Trademark Office will have the authority to issue cancel registrations on a partial basis (on the grounds of non-use), with respect to products or services that are unrelated to the products or services for which the trademark has been used, creating a limit for defense trademarks.
    Trademark Office decisions on any trademark cancellations will be subject to appeal directly before the Chamber of Appeals mentioned in 2).
  • Submission of a sworn declaration of use will be mandatory between the fifth and sixth year from registration.

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