The INPI has published Resolution P-583/25, introducing structural changes to the Argentine trademark examination system.
1. Ex officio examination restricted to absolute grounds (immediate effect):
Official review will be limited to distinctiveness, trademark eligibility and public-order issues. Relative grounds — confusion with earlier marks, conflicts with third-party rights, personal names or pseudonyms, among others — will be subject exclusively to private initiative through oppositions or nullity actions.
The Office will no longer issue objections based on conflicts between private parties.
2. Procedural restructuring (effective March 1, 2026):
– Initial formal and substantive examination prior to publication.
– Automatic publication once objections have been cleared.
– Grant upon absence of oppositions within the statutory period.
This model brings the Argentine system closer to mixed schemes of limited official control combined with private enforcement of rights.
3. Scope regarding pending applications:
The new examination limitation will apply to all applications currently in process.
Recommendations:
– Step up monitoring of new applications and publications.
– Review accelerated grants in sensitive classes with a view to potential nullity actions.
– Revisit trademark strategies for portfolios with high registrational occupancy.
We remain available to discuss technical criteria or coordinate strategies on shared matters.
The Fernandez Lacort Team