INPI reform in Argentina
Why trademark monitoring will no longer be optional from 2026
From March 1, 2026, a major change to trademark proceedings will take effect in Argentina, directly impacting the daily work of trademark attorneys. With Resolution INPI P-583/25, the Argentine Trademark Office (INPI) significantly narrows the scope of substantive examination, focusing primarily on absolute grounds for refusal and matters of public order.
At the same time, several refusal grounds that were previously examined ex officio are effectively shifted to the responsibility of market participants. These grounds will now be enforced mainly through opposition proceedings or subsequent invalidity and cancellation actions.
For trademark practice, this means one thing clearly: those who do not monitor lose reaction time – and, in the worst case, priority, exclusivity, and enforcement options. From the perspective of Genese, this development is a strong signal that trademark watch services and structured opposition workflows in Argentina are moving from a “nice to have” to an operational necessity.
1) What is changing – and why is this so relevant in practice?
INPI is reorganizing its examination logic and limiting the scope of substantive examination. Certain refusal grounds will no longer be raised automatically (“ex officio”) but must be actively asserted by third parties.
These include scenarios that form the core of everyday trademark practice:
- Similarity to earlier marks for identical or similar goods or services
- Misleading indications regarding characteristics, origin, quality, price, or other features
- Marks containing names, pseudonyms, or portraits (with limitations, particularly where the person is not clearly well known)
- Descriptive business or activity-related designations
In practical terms, an application that might previously have been blocked during office examination may now proceed unchallenged unless an opposition is filed. The “quality gate” thus shifts from the authority to the market and to rights holders themselves.
2) The key date: March 1, 2026 – a new procedural model
In addition to the substantive shift, the resolution also restructures the procedural stages. From March 1, 2026, the process can be summarized as follows:
- Filing of the application
- Admissions examination
- Substantive examination in the reduced scope
- Publication of the application
- Opposition phase
- Registration if no opposition is filed
For law firms, publication becomes the critical trigger for action. The effectiveness of trademark defense increasingly depends on early and reliable identification of relevant new filings, rapid assessment, and timely decision-making within the opposition period.
3) Consequences for rights holders: protection through active action
Previously, rights holders could often rely on the office to identify and flag certain conflicts. As this filter is largely removed, a new risk emerges: conflicting marks become visible only once they are registered – often too late.
Attacking a registered mark typically means:
- higher costs
- greater evidentiary burdens
- increased strategic complexity
From an attorney’s perspective, three immediate action areas arise:
Establish or expand early warning systems
Monitoring becomes a core element of trademark strategy, not a defensive add-on.Standardize opposition processes
Clear roles, workflows, templates, and deadline chains are essential as case volumes increase.Adapt client communication
“The office will check this” becomes less accurate. Clients must understand that prevention through monitoring and timely opposition is often the more economical approach.
4) Law firm practice: a typical scenario
A competitor files a trademark in Argentina that is highly similar in sound and appearance to your earlier mark, for identical or related goods or services.
Previously, there was a realistic chance that the office would object during examination. From March 2026 onward, this expectation is significantly reduced. Without monitoring, the application is published, the opposition period expires – and the mark is registered.
The conflict then shifts to a later stage: invalidity or cancellation proceedings instead of opposition. These proceedings are usually more expensive, more evidence-driven, and strategically more challenging.
5) Recommendations: adjusting the right levers now
From the perspective of Genese, the Argentine reform is a clear reason to review and sharpen existing trademark processes:
Define watch coverage
Which marks, classes, similarity thresholds, languages, and transliterations are relevant?Clarify responsibilities and decision paths
Who reviews hits, who decides, who implements – and within what timeframe?Create opposition playbooks
Standard arguments, checklists, evidence requirements, and decision matrices increase both speed and quality.Ensure reporting and audit trails
Traceability becomes a quality feature – internally and toward clients.
6) Client advisory: explaining the change clearly
In practice, four clear messages resonate well with clients:
- The office will no longer automatically object to certain conflicts.
- Responsibility increasingly lies with rights holders.
- Without monitoring, conflicting marks may be registered unnoticed.
- Opposition is often the most efficient point in time to defend rights.
This message can be paired with a concrete call to action: activate or expand watch services, especially for marks not originally filed through the same firm.
7) Conclusion: from March 2026, speed decides
The changes in Argentina mark a paradigm shift. Trademark protection depends less on the formal legal framework alone and more on active market observation and timely enforcement.
For trademark attorneys, this means monitoring, assessment, and opposition processes must be scalable, well-documented, and deadline-safe.
From the perspective of Genese, the key takeaway is clear:
From March 1, 2026, monitoring becomes the decisive factor in Argentina – because trademark rights are no longer secured solely by examination, but by timely action.
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