New INPI Resolution 295/2024 on Opposition Resolution Procedure

The National Institute of Industrial Property (INPI) has issued Resolution 295/2024 (which entered into force on July 24, 2024), setting a fee for trademark applications that received oppositions, so that the National Directorate of Trademarks may resolve in an administrative
instance all oppositions that have been filed against their registration application and that were maintained by the opponent.

✓ The fixing of such fee is based on the fact that in practice, a significant number of applicants decide not to face the opposition resolution procedure during the administrative processing, remaining silent at all stages, showing a loss of interest in their application for trademark registration, but forcing both the Administration and the opponent to a significant procedural expense until the process is completed.

✓ Although this lack of interest may occur upon learning of the existence of the opposition, its materialization is only reflected when the notice of the opposition maintained is served.

✓ Therefore, and in order to avoid a greater waste of resources, handling trademark applications for which the owner has no interest in continuing, a fee has been set so that the National Directorate of Trademarks may resolve in an administrative instance all oppositions that have been filed against a registration application and that were maintained when due.

✓ The amount of the fee is AR$ 8,900 (approximately US$ 9.60; EU€ 8.80) which must be paid by the applicant only once for each trademark registration application, regardless of the number of oppositions with maintained validity that the application may have received.

✓ Failure to pay the aforementioned fee shall be considered as a lack of interest on the part of the applicant, so the application must be denied without further processing, as it is an application with at least one valid opposition and a lack of interest on the part of the applicant in having it resolved.

In all opposition resolution processes that are in progress, without the respective resolution opinion having been issued and where it was found that the applicants have failed to answer the notice served, the INPI:

i) shall notify applicant to pay the corresponding fee within FIFTEEN (15) business days, and

ii) shall not resolve on oppositions that were ratified on applications for which the applicant has not paid the corresponding fee, and shall resolve on the denial of the application without further processing.

If you have any questions, please contact us at info@schmukler-ip.com.

Thank you!