Symmetries and Asymmetries Between the Procedure of the Trademark Opposition System of Argentina and Mexico

Abstract

To reach the conclusions, a comparative analysis of the opposition systems implemented in Argentina and Mexico will be carried out. In Mexico there is a gray system, morbid mainly because the authority at no time expresses a manifestation regarding the request and the opposition's response, as a result of not fulfilling the objective set out in the decree of the reform implemented in the Federal Law of Protection of Industrial Property, since the opponent cannot have an answer to his opposition but once the registration process is concluded, therefore, it places him in a state of legal uncertainty, since the opposition is part of the administrative procedure for registration of trademark, the authority should give a response or comments after the opposition request, not only when it reaches the substantive examination, which if it performs are formal interventions in the sense that if the user who promotes the opposition request is is authorized in the file to manage said request, but as such does not make any comment in relation to whether the opposition is admitted year or not, in the same case the requesting user is found if at the appropriate moment the requesting party responds to the opposition, the authority does not express any response or substantive statement, while in Argentina it is a more complex process, where in each one of its stages will issue comments.