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Argentina: The 11th edition of the Nice Agreement for the international classification of goods and services enters into force

We are pleased to inform you that the Trademark Official Gazette issued on November 23 published Resolution No. M-2150 of this past Friday, November 18, and Resolution No. M-2153 of November 22.

On the one hand, the INPI has updated the Reclassification of Goods and Services in accordance with the first of these resolutions -No. M-2150- and in light of the coming into force of the Eleventh Edition of the Nice Classification on January 1, 2017. It is therefore crucial to understand the changes taking place in the classification of goods and services from one class into another one, as indicated in the WIPO working documents.

On the other hand, Resolution No. M-2153/16 prescribes that for the renewal of those registrations expiring as of January 1, 2017, as many renewal applications as necessary should be filed within the legal time frame in order to safeguard all protected goods or services when, upon that date, these result classified in a different class based on the Classification in force, as already prescribed in Section 1 of Resolution No.M-1415/07.

Likewise, all renewal applications submitted between November 18, 2016 and those to be filed until December 31, 2016 for registrations expiring as of January 1, 2017, i.e., upon publication in the Official Gazette of Resolution No. P-108/16 adopting the Eleventh Edition of the Nice Classification, shall be handled in the same manner.

In the case of renewal procedures for registered trademarks expiring as of January 1, 2017, which had been initiated within the legal term and on or before November 17, 2016, i.e. the publication date in the Official Gazette of INPI Resolution No. P-108/16, applicant shall exceptionally be served with an office action during the course of examination and shall be required to submit as many renewal applications as necessary within the term of 30 administrative working days in order to safeguard all protected goods or services that upon the expiration date of the trademark to be renewed result classified in a different class based on the Classification in effect due to the coming into force of the Eleventh Edition of the Nice Classification.

Finally, upon expiration of the registration for which renewal is sought, or upon expiration of the granted 30-administrative-working-day term without submission of any other renewal application on behalf of the interested party, it shall be understood that the party is uninterested in such a procedure and that the party only intends to renew the sign pertaining to the goods or services that, upon expiration of the trademark to be renewed, remain included in the class under which that sign had been granted.

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Carmen Sánchez-Puelles