Legislative update in Argentina: Partial cancellation of trade marks due to non-use

As of 12 June 2023, “partial revocation” for non-use of trade mark registration will enter into force in Argentina. Trade marks that have not been used in the country for five (5) years prior to the beginning of the non-use cancellation action will be liable to invalidation.

This legislation, which goes into effect soon, represents a significant change in trade mark practice in the country. Depending on the point of view, the new legal regime will have advantages and disadvantages. On the one hand, it will allow many companies to register their primary trade marks rather than alternative trademarks, mainly if they were previously restricted from registering them. On the other hand, many trade mark owners may see their rights threatened by a partial revocation claim.