Trademark registration in Argentina: what changed in the examination, oppositions and notifications before the INPI

INPI Resolutions 583/2025, 63/2026 and 139/2026 amended the procedure applicable to trademark applications in Argentina.

The INPI limited the scope of its ex officio examination, moved the registrability analysis to a stage prior to publication, amended the notification regime and eliminated warning notices for applications filed as from March 1, 2026.

These changes reinforce the need to monitor new applications and assess, in a timely manner, whether they may affect prior trademark rights.

What changed in the examination of trademark applications?

INPI Resolution 583/2025 limited the examination of new trademark applications to absolute prohibitions or grounds related to public order.

As from December 11, 2025, the INPI ceased to examine ex officio certain grounds that depend on the existence of a private interest. These include similarity with prior trademarks registered or applied for to distinguish the same goods or services.

In these cases, it is up to the owner of the prior right to assess whether the new application affects its interests and, if necessary, to file an opposition.

This limitation applies to all new trademark applications that were pending when the resolution entered into force, regardless of the stage of the procedure.

The examination takes place before publication

INPI Resolution 583/2025 also changed the order of the procedure for applications filed as from March 1, 2026.

Under the new scheme:

The INPI carries out the formal and registrability examination after the application has been filed.

If no objections are raised, or once they have been remedied, the INPI orders publication in the Trademark Gazette.

As from publication, a 30-calendar-day period begins for third parties to file oppositions.

If no oppositions are filed within that period, the trademark should be granted.

Publication therefore takes place after the registrability examination carried out by the INPI.

How can the owner of a prior trademark act?

The Trademark Law allows any person with a legitimate interest to oppose the registration of a trademark.

The opposition must be filed electronically before the INPI within 30 calendar days counted as from publication of the application in the Trademark Gazette. It must include the opponent’s details and the grounds for the objection.

The limitation of the ex officio examination does not eliminate the tools provided by the Trademark Law. However, during the registration procedure, the owner of a prior trademark must detect the publication and decide whether an opposition should be filed within the legal term.

Elimination of warning notices

INPI Resolution 139/2026 eliminated warning notices for new trademark applications filed as from March 1, 2026.

For these applications, any observation or third-party challenge must be channeled through an opposition filed within 30 calendar days after publication.

The resolution also amended the treatment of oppositions that are not maintained. Once the three-month period provided by the Trademark Law has expired, the INPI notifies the opponent so that, within the following 15 business days, it maintains the opposition, pays the corresponding official fee and expands the grounds for the opposition.

If the official fee is not paid within the applicable term, the administrative stage for resolving the opposition is not opened. For applications subject to the new regime, that opposition also does not become a warning notice.

Two regimes coexist

The filing date of the application determines which rules apply.

Applications filed up to February 28, 2026

The previous regime continues to apply regarding warning notices. If the fee to maintain an opposition is not paid, the opposition is transformed into a warning notice.

Applications filed as from March 1, 2026

Warning notices are not admitted. Third-party objections must be raised through an opposition filed within the period provided by the Trademark Law.

Before acting on a file, it is necessary to verify the date on which the application was filed.

How do electronic notifications work?

INPI Resolution 63/2026 amended the notification regime for proceedings before the National Trademark Office as from March 1, 2026.

Office actions, notices to respond, interlocutory acts and decisions on certain appeals are notified through the user’s electronic platform.

Final decisions of the National Trademark Office, including the failure to maintain an opposition, are notified through publication in the Trademark Gazette.

The terms begin to run on the day following notification through the electronic platform or publication in the Trademark Gazette, as applicable.

For this reason, it is important to keep the electronic address updated and to monitor the notifications and publications related to each proceeding.

What should trademark owners review?

In light of these changes, it is advisable to review:

The scope of monitoring of new applications published in the classes relevant to the business.

The monitoring of the electronic platform and the Trademark Gazette.

The status and dates of pending oppositions.

The filing date of each application, in order to determine which regime applies.

The criteria used to assess when a new application may affect a prior trademark.

Trademark monitoring is not an obligation introduced by these resolutions. It is a preventive tool that becomes more relevant now that the INPI has ceased to observe ex officio certain conflicts with prior rights.

Frequently asked questions about the new trademark procedure

Does the INPI still observe similar trademarks ex officio?

No. As from December 11, 2025, the ex officio examination is limited to absolute prohibitions or grounds related to public order. Conflicts based on similarity with prior trademarks must be raised by third parties with a legitimate interest.

In certain cases, based on international treaties and in connection with well-known or famous marks, the INPI does include the comparison between similar signs in the ex officio examination.

What is the term to file an opposition?

The opposition must be filed within 30 calendar days counted as from publication of the application in the Trademark Gazette.

Do warning notices still exist?

It depends on the filing date of the application. They are not admitted for applications filed as from March 1, 2026. For applications filed up to February 28, 2026, the previous regime continues to apply.

Are all notifications received through the electronic platform?

No. Office actions, notices to respond and interlocutory acts are notified through the electronic platform. Final decisions of the National Trademark Office are notified through publication in the Trademark Gazette.

What happens if no opposition is filed within the applicable term?

The possibility of filing an administrative opposition against that application within the registration procedure is lost. The existence of other actions must be analyzed according to the circumstances of each case.

Regulations cited

Trademark and Trade Names Law No. 22,362.

INPI Resolution 583/2025.

INPI Resolution 63/2026.

INPI Resolution 139/2026.

This content is for informational purposes only and does not constitute legal advice for any specific case.