Important Changes in Argentina’s Trademark Registration Procedures: Resolution No. 583/2025: Right Holders must take a more active role.
The National Institute of Industrial Property (INPI) has issued Resolution No. 583/2025, which introduces changes of a structural nature to the trademark registration process. These changes amend long-standing examination criteria and reorganize the administrative system with the aim of streamlining procedures, drastically reducing grant timelines, and harmonizing the Argentine system with international standards, such as those of the European Union.
The change is not merely procedural; it entails a redefinition of the role of the administrative authority and a redistribution of responsibilities between the State and trademark rights holders.
1. Fundamental Change: From Ex Officio Examination to Party Responsibility. The most significant change lies in the scope of the registrability examination carried out by the National Directorate of Trademarks.
Previous System: INPI acted as an exhaustive “filter,” citing prior rights ex officio on grounds of similarity or likelihood of confusion (relative grounds for refusal). Examiners objected applications based on potential conflicts with third-party rights, such as similarity or identity with previously registered marks, use of a person’s name or pseudonym without authorization, or the possibility that the mark could mislead or confuse as to the origin, quality, or characteristics of the products or services.
Current System (Immediate Effect): Ex officio examination is limited exclusively to absolute grounds for refusal (lack of distinctiveness, signs incompatible with the trademark function, or issues of public order or morality). Relative grounds (similar marks, personal names, etc.) will be examined only if a third party files a formal opposition.
Under the former framework, INPI played a strong role, with the public administration acting as an active guarantor of private rights even in the absence of an express manifestation of interest by their holders. Under the new approach, it is the rights holders themselves who must safeguard their rights.
The new criterion—limiting examination to absolute grounds—has been in force since the publication of the regulation on December 11, 2025, and applies even to applications already pending:
Pending applications that received an ex officio objection based on paragraphs b, d, h, and I of Article 3 of the Trademark Law No. 22.362 will be subject to this new Article 1 and will therefore be granted, whether or not the objection was answered. It is emphasized that this type of objection arises solely from INPI’s own examination and is not based on a third-party request.
Applications that were refused by INPI under paragraphs b, d, h, and i of Article 3 of the Trademark Law (where such refusals were not based on a third-party request) and for which the refusal has not yet become final due to the filing of an appeal will also be granted.
This action will be carried out ex officio, without the need for the interested party to file a request seeking application of the new regulation.
2. Comparison of Procedures
As of March 1, 2026, the trademark prosecution will be reorganized with the purpose of obtaining faster results and maximize efficiency.
Stage |
Previous System |
New System (Res. 583/2025) |
Initial examination |
A basic formal examination was conducted prior to publication. |
A formal and substantive examination (absolute grounds) is conducted prior to publication. |
Role of the Examiner |
Ex officio analysis of similarities against the entire trademark register. |
An initial screening will be carried out using AI to differentiate marks with identical prior rights from those without prior rights. These two groups of marks will then be reviewed by an Examiner. Observations will be issued under Article 3(A) only when the application is identical to the prior right. |
Publication |
Published to open the opposition period before substantive examination (absolute and relative grounds). |
Published only if the mark has already passed the absolute grounds filter. |
Grant timelines |
Proceedings could extend for more than one year. |
A “basic trademark” (no priority claim, no ratification of representation, no oppositions, and no office actions) could be granted in approximately 2 to 3 months. |
Informal obections |
Allowed INPI to be alerted to similarities without filing a formal opposition. |
Eliminated. As of 01/03/2026, informal objections and conversions of oppositions that are not maintained will no longer be examined. |
3. Impact on Trademark Rights.
This new scenario shifts the burden of monitoring from the administration to trademark owners. This approach is based on the premise that trademark rights are essentially private rights and that their enforcement is a matter of choice for the rights holders themselves, thereby avoiding the generation of unnecessary administrative conflicts promoted by the enforcement authority itself.
Active Enforcement: In the absence of preventive state control over similar marks, a confusingly similar application will be granted automatically if an opposition is not timely filed by a private third party.
Vulnerability: Obtaining registration no longer guarantees the same level of legal certainty as before. Without an exhaustive ex officio substantive examination, registrations may be more vulnerable to future invalidation actions brought by third parties with superior rights.
4. Strategic Recommendations
Given the speed of the process and the change in rules, the following is recommended for rights holders:
Active Monitoring: Implement active watch services to detect conflicting applications in the Trademark Bulletin.
Thorough Searches: Conduct comprehensive clearance searches before launching a brand on the market to avoid subsequent conflicts.
Timely Oppositions: Be prepared to act quickly, as the opposition right is now the primary enforcement tool, mainly having in mind that the time frame for the filing of an opposition is of 30 (thirty) running days, which cannot be extended.
Ayelén Rocío Velaz
Gisella Russo
Por cualquier información adicional escribir a:
ocp@oconorpower.com.ar
For any additional information please email:
ocp@oconorpower.com.ar
