Argentina: Mid-Term Declaration of Use (MTDU) submission to maintain trademark registration validity
Argentina’s National Institute of Industrial Property (INPI) issued Resolution No. 123/2019 on 27 May implementing the need to submit a Mid-Term Declaration of Use (MTDU) declaring that the trademark is in use. This will be a mandatory requirement to maintain trademark registrations in force, and will apply to those trademarks granted since 12 January 2013, and that have been valid for five (5) years along with the payment of an official fee.
In the event that the MTDU is not filed between the fifth and sixth year of the trademark’s registration, a late fee must be paid for each year of non-compliance. The late fee will only be applicable starting 12 January 2020. Any MTDUs filed out of term prior to this date will not be charged a late fee.
According to the resolution, if the MTDU does not appear at the appropriate time, applications for the renewal of those brands will not be processed until it is filed and the late fee is paid.