Argentina – Major reform of the trademark registration procedure

From now on, the Trademark Office will no longer examine certain grounds for refusal, such as:

• prior rights consisting of earlier similar trademarks covering identical or similar goods or services (these marks will no longer be cited).
  Conversely, the INPI will continue to examine cases of absolute identity with earlier trademarks covering the same goods or services;
• signs that may mislead the public as to the nature, quality or origin of the goods or services;
• trademark applications containing the name, pseudonym or likeness of a person without their consent or that of their heirs.

👉The assessment of these grounds is therefore now left exclusively to third parties, through opposition proceedings, which remain unchanged.

The INPI’s substantive examination will now focus essentially on:

• the distinctiveness of the sign;
• grounds related to public policy and morality, aimed at protecting the general interest.

In addition, the reform introduces a major procedural change as of 1 March 2026: trademark applications will be subject to both a formal and substantive examination prior to publication.

Only applications that successfully pass this examination will be published in the Trademark Bulletin.

Practical consequences

• With immediate effect, the Argentine Trademark Office will no longer issue objections based on the above-mentioned grounds for refusal.
• As from 1 March 2026, decisions of the Office (acceptance or objections) will be issued before publication.

Conclusion

These changes reinforce the need for increased vigilance from the earliest stages of trademark projects, in particular through the conduct of prior rights searches before filing.
Such vigilance should also form part of an active trademark watching strategy, in order to identify potentially infringing trademarks and, where appropriate, initiate opposition proceedings.

Our team remains at your disposal to assist you with your trademark strategy in this country.

January 2026