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e-News
No.1
April 2008
International Association for the Protection of Intellectual Property
AIPPI General Secretariat |Toedistrasse 16 | CH-8027 Zurich
Tel. +41 44 280 58 80 | Fax +41 44 280 58 85
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New Social Collective Trademark Law enacted
Gastón Richelet (Argentina), AIPPI National Group Reporter

On March 27, 2008 a new Law concerning "Social Collective Trademarks" was published in the Official Gazette. The new Law establishes a Social Collective Trademark system by which "social service providers' organizations" which are registered in a Local Development and Social Economy Registry may request this new type of trademarks.

The most important features of the system include:
  • the need for a regulation governing the use of the trademark by the social service provider organization
  • the filing of just one application includes all classes, however oppositions lodged against said applications must be filed on a class by class basis
  • the filing of a social collective trademark is free of charge while the filing of an opposition against same pays double fees
  • the establishment of the PTO as an authority in charge of resolving opposition disputes

The bill was heavily criticized by practitioners while it was still in Congress. Several local organizations dealing with the protection of IP such as the Argentinean AIPPI Group, the Patent and Trademark Agents Association and the Buenos Aires City Bar have analyzed the bill and some have sent letters to different Commissions in Congress and to Congressmen advising against the passing of the bill.

Since the new Law was published no further news has been reported. The PTO has made no communication regarding this matter nor has a special Regulation for this new trademark system been issued or published in the Official Gazette.

As soon as further news arises in this connection our Group will report.
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