June 15, 2012
Back to Bulletin Main Page
ARGENTINA: New Instructions to INPI Examiners on Objections to Descriptions of Goods and Services
On May 11, 2012, the Argentinean Industrial Property Office, Instituto Nacional de la Propiedad Industrial (INPI), issued an internal notice with instructions to examiners regarding objections based on the classification of goods and services.
The instructions, issued by the Admission Department of the Trademark Office, provide as follows:
- If the examiner objects to the entire description of goods or services in a trademark application and the applicant’s response does not meet the examiner’s criterion, the application will be rejected.
- If the examiner objects only to some goods or services in the application and the applicant’s response to the objection does not satisfy the examiner’s criterion, the prosecution of the application will continue but the objected-to goods or services will be excluded ex officio.
Previously, if the applicant’s response to an objection regarding the classification of goods or services was not admitted, the Trademark Office would reject the entire trademark application even in those cases where the objection applied only to specific goods or services.
The new instructions do not alter substantive law. Applicants who disagree with a rejection or partial exclusion of goods or services may still file appeals before the Trademark Office and, subsequently, before the Federal Courts.
Although every effort has been made to verify the accuracy of items in the INTA Bulletin, readers are urged to check independently on matters of specific concern or interest.
© 2012 International Trademark Association