The Argentine National Institute of Industrial Property (INPI) has published Resolution 583/2025, introducing a new and comprehensive overhaul of the country’s trademark registration procedure. This initiative reflects another step by the Argentine authority toward modernizing the system, bringing it closer to international practices and making the process faster and more predictable.
These changes directly impact trademark protection strategies, particularly regarding the registrability examination and the role of oppositions. Below, we provide a detailed analysis of the key aspects of the new regulation.
- Immediate Changes – New Scope of the Registrability Examination
As of today, INPI will limit its preliminary examination to absolute grounds for refusal, including:
- Lack of distinctiveness;
- Public policy concerns;
- Identity with previously filed or registered trademarks covering overlapping goods or services.
Conversely, INPI will no longer automatically examine relative grounds for refusal, such as:
- Similarity with previously filed or registered signs;
- Signs likely to generate confusion or association;
- Names or pseudonyms of third parties;
- Activity designations traditionally used to identify products.
These elements remain valid grounds for nullity or opposition, but will only be considered if raised by rights holders through the filing of an opposition within the legal timeframe.
This represents a structural shift in the Argentine system and reinforces the role of oppositions as the primary mechanism for protecting third-party rights during the registration phase.
- Changes Effective March 1, 2026 – New Procedural Flow
The resolution also introduces significant adjustments to the order of procedural steps, effective March 1, 2026:
- Immediate formal and registrability examination after filing: INPI will assess formal requirements and registrability before publication.
- Publication for one day only in the Trademark Gazette, with the opposition period remaining 30 calendar days.
- Automatic grant of applications that receive no oppositions opposition after the publication period.
This new workflow streamlines the process, reduces registration timelines, and increases the importance of continuous monitoring of new filings, as the response window becomes even shorter.
- Aspects That Remain Unchanged – Opposition System
The reform does not affect the right to oppose, as provided in Articles 15 and 16 of Law 22.362.
The administrative opposition procedure currently governed by INPI Resolution P-183/2018 remains fully applicable, including its timeframes, stages, and the possibility of negotiation between the parties.
Thus, although INPI’s involvement in examining prior rights is reduced, the system continues to offer effective mechanisms to challenge potentially conflicting applications—provided that rights holders act promptly.
- Strategic Recommendations for Rights Holders and Applicants
In light of the new framework, we recommend the following:
(i) Reassessment of opposition strategies
With the limitation of relative grounds examination, opposition becomes the most important tool for preventing the registration of conflicting signs. Strengthening monitoring practices and redefining criteria for when and how to oppose will be essential.
(ii) Increased caution for new filings
Although the process has been expedited, the risk of unintended coexistence with similar trademarks increases. A thorough clearance search conducted by a qualified professional significantly reduces the likelihood of future nullity actions or administrative disputes.
(iii) Review and update of trademark portfolios
Companies operating in Argentina should reassess their brand protection in light of the changes, identifying vulnerable marks, potential conflicts, and any gaps in coverage.
(iv) Specialized advisory for alignment with the new regime
The new procedural dynamics require a strategic approach and systematic monitoring of publications. Our team is ready to assist with risk assessments, portfolio structuring, opposition management, and the development of more robust protection strategies.