To file a trademark in Argentina, you must submit an application to the National Institute of Industrial Property (INPI). Once registered, the mark confers on its owner the exclusive right to use it. Argentina follows a first-to-file system under Trademark Law No. 22,362 and its implementing regulations.
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What is a Trademark in Argentina?
What is the Step by step process for a trademark application in Argentina?
Step-by-Step Process for a Trademark Application in Argentina
Step 1: Decide on your mark
Define the characteristics of your mark (word/device and representation), the goods/services it will cover under the Nice Classification, and check availability (pre-filing search recommended).
Step 2: File the application and pay the fees
Prepare and submit the application online with INPI and pay the official fees.
Step 3: Formal examination
After filing, INPI reviews compliance with formal requirements (applicant/mark data, fee payment, and correct Nice classification).
Step 4: Publication and oppositions
INPI publishes the application in the Trademark Bulletin. Third parties have a 30-day opposition period from publication. If no oppositions are filed, the application moves forward.
Step 5: Substantive review and grant
Under the current regime, INPI’s ex officio substantive review is limited to absolute grounds and public-order issues. Relative-grounds conflicts (e.g., likelihood of confusion) are addressed only through oppositions. If no absolute-grounds objections are raised and there are no pending oppositions, the application proceeds to grant.
Step 6: Decision
INPI issues a decision granting or refusing the application. If granted, the trademark is valid for ten years from the registration date and can be renewed indefinitely in ten-year terms.
What Changed?
INPI Resolution 583/2025 — Article 1 (in force since Dec 11, 2025):
INPI now focuses its own review on absolute issues (e.g., lack of distinctiveness or public-order concerns). Questions about conflicts with earlier marks (likelihood of confusion), use of someone’s name/portrait/pseudonym without consent, or potentially misleading claims are handled only if a third party files an opposition during the publication window.
INPI Resolution 583/2025 — Article 2 (effective Mar 1, 2026):
For eligible filings, INPI will run formal and substantive checks right after filing and before publication. If everything is in order, it will publish for one day, and—if no oppositions are filed within 30 calendar days—the application will be granted. This change is expected to shorten overall timelines.
Also, you may need to file a patent in Argentina
Timeline
Registration typically takes about 18 months from filing when uncontested. Under Resolution 583/2025, timelines are expected to shorten for eligible filings as of March 1, 2026, when formal and substantive examination will occur before publication.
Grant, Term, and Renewal
Once granted, a trademark is valid for ten years from the registration date and may be renewed indefinitely in ten-year terms. The owner may file the renewal within six months before expiration or up to six months after expiration (a surcharge applies during the grace period). Argentine law also requires a Sworn Declaration of Use at mid-term (between years five and six after grant) and, at renewal, a declaration confirming use during the five years preceding expiration.
Goytia & Associates has local offices in Buenos Aires and key cities worldwide, providing high-quality IP services. Our network in 120+ countries enables clients to manage multiple filings and cases through a single centralized agent.
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This content may suffer modifications due to updates in the official regulations of Mexico.
