Trademark oppositions in Argentina: Key changes to proceedings before the INPI
Chiara Ferioli
On August 6, 2026, Argentina’s National Institute of Industrial Property (INPI) issued Resolution No. 297/2026, approving new rules governing administrative trademark opposition proceedings.
The new rules seek to automate certain procedural stages, streamline proceedings and shorten the time required to resolve oppositions.
Key changes to the procedure
- Elimination of a separate evidentiary phase: The new rules introduce a front-loaded evidentiary process. Documentary evidence must be submitted when the opponent supplements the grounds for the opposition or when the applicant files its response, as applicable. Any other evidence must also be produced and submitted at that same stage in documentary form.
- Verification of online evidence: When relying on information or evidence obtained from websites, databases or social media, the parties must provide the exact URL and ensure that the content is publicly accessible so that the authority can verify it.
- Final submissions and alternative dispute resolution: The optional final submissions stage remains in place. During this period, the parties may jointly notify the INPI that they have initiated mediation, conciliation or another alternative dispute resolution process. This results in a one-time automatic interruption of the deadline for a non-extendable period of 30 business days. Once that period expires, a new 10-business-day period for filing final submissions begins.
- Invalidity and cancellation for non-use claims: Claims for cancellation of a trademark registration for non-use, as well as invalidity claims under Article 24(a) of Trademark Law No. 22,362 concerning a mark involved in the dispute, must be raised at the relevant stage and will be decided within the same opposition proceeding. In these cases, the prior service of notice by verifiable means required under INPI Resolution No. P-183/18, as amended by Resolution No. P-215/26, will not apply because the parties are already involved in the administrative proceeding.If the statutory grounds for cancellation for non-use or invalidity arise after the relevant procedural stage, the claim must be brought separately and the opposition proceeding will be stayed until a final decision on that claim has been issued. Invalidity claims based on Article 24(b) or (c) must be brought before the federal civil and commercial courts.
- Scope of application: The new rules apply to oppositions filed against new trademark applications submitted on or after March 1, 2026.
What should trademark applicants and owners review?
The elimination of a separate evidentiary phase and the simplification of the procedure are intended to significantly shorten the time required for the administrative resolution of oppositions and expedite the registration process. At the same time, the new framework requires greater strategic preparation from the outset.
Under the new procedure, applicants and trademark owners should identify in advance the evidence required to support an opposition or defend an application against one, gather the available documentation and ensure that any online content on which they intend to rely is supported by exact, publicly accessible links.
It will also be important to determine which trademark applications fall within the scope of the new rules and to coordinate the evidentiary strategy before the relevant procedural deadlines begin to run.
Resolution No. 297/2026 is available here