New dispositions regarding the Argentinian Prejudicial Mandatory Mediation Procedure.

Mar 21, 2016

New dispositions regarding the Argentinian Prejudicial Mandatory Mediation Procedure.

In Argentina exists a preliminary Compulsory Mediation procedure which constitutes the last necessary step before going into a juditial instance.

 As regards the Argentinian Trademark Registration process,  the recent Trademark Act Nº 27.222 will modify as from March 22, 2016, not only article 18 of the current Mediation Act Nº 26.598 (establish in 2010) but also article 16 of the Trademarks and Commercial Names Nº 22.362.

 It is important to note, that as from March 22, 2016, the one year statutory term granted by INPI in order to attempt to solve the oppositions filed by a third party through a friendly settlement, will no longer be saved by the holding of a Mandatory Mediation. As a matter of fact, to save the mentioned term, a judicial action will always have to be initiated against the opponent submitting the Mediation minute -once the Mediation is closed without reaching to a settlement-  as proof that this step has been effectively completed. Said judicial action can be “interruptive”, allowing the interested party to extend at a later stage the essentials of its demand.