The Argentine Patent and Trademark Office (INPI) has issued Resolution INPI P-583/25, introducing significant changes to the trademark registration process.
1. Office examination limited to absolute grounds (effective immediately):
INPI will now examine only absolute grounds for refusal (distinctiveness, functionality, and public order issues).
Relative grounds —including prior rights, similarity to existing trademarks, personal names, and other private-rights conflicts— will no longer be assessed ex officio. These matters will be considered only if raised through an opposition or a nullity action.
2. Reordered procedure (effective March 1, 2026):
– Formal and substantive examination will occur immediately upon filing and before publication.
– Applications will be published once any objections are cleared.
– If no oppositions are filed within 30 days, the trademark will proceed to registration.
3. Pending applications:
The limitation of ex officio examination also applies to all applications currently in progress.
Recommendations:
– Strengthen trademark watching services to detect conflicting filings.
– Closely monitor new registrations for potential nullity actions.
– Seek advice before making decisions regarding pending applications.
We remain at your disposal to assess how these changes may affect your current or future filings in Argentina.
FERNANDEZ LACORT Team