Friday, 3 August 2012

Classification of marks in Argentina: new rules for examiners

In May of this year the Instituto Nacional de la Propiedad Industrial (INPI) in Argentina have fresh instructions to examiners regarding objections based on the classification of goods and services. In essence
* If the examiner objects to the entire description of goods or services contained in a trade mark application and the applicant’s response does not meet the examiner’s criterion, the application will be rejected.

* If the examiner’s objections relate only to some goods or services of an application and the applicant’s response to the objection does not satisfy the examiner’s criterion, the application will continue -- but the goods or services to which objection has been made are now excluded ex officio.
Under the previous examiners' rules, if the applicant’s response to an objection regarding the classification of goods or services was not accepted, INPI would reject the entire trade mark application even where the objection applied only to specific goods and services.

Applicants who are unhappy about any decision rejecting or partially excluding goods and services may still appeal to INPI and thence to the Federal Courts.

Source: INTA Bulletin, vol.67, no.14, 1 August 2012

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