Changes to the Trademark Opposition Proceedings
The National Institute of Industrial Property approved new regulations governing the administrative proceeding for resolving oppositions.
The Argentine National Institute of Industrial Property (INPI) has issued Resolution 297/2026, approving a new Regulation governing the Administrative Trademark Opposition Procedure.
The new procedure entered into force on August 12, 2026, and applies to all oppositions filed against trademark applications submitted on or after March 1, 2026. Oppositions submitted prior to that date will continue to be governed by the previous regulations.
Although the new rules do not substantially alter the existing opposition procedure, they introduce certain changes aimed at streamlining and simplifying the proceedings. The main amendments are the following:
− Elimination of the evidence stage: The parties may rely on any type of evidence, but it must be submitted at the time of maintaining the opposition or responding thereto, as applicable, provided that such evidence can be incorporated in documentary format at that stage.
Verification of links or websites identified by the parties and submitted as evidence, will be carried out directly by the National Directorate of Trademarks when issuing its decision. At that time, the National Directorate of Trademarks may also rule on the admissibility of evidence that could not be submitted earlier in documentary form.
− Invalidation and non-use cancellation actions related to an opposition: Requests for cancellation based on non-use or administrative invalidation of trademarks related to the dispute must be filed when expanding the grounds of the opposition or when responding thereto, as applicable. In such cases, the matter will be decided within the opposition proceedings.
Where the grounds for non-use cancellation or administrative invalidation arise at a later stage, the claim may be initiated separately, provided that it is reported in the opposition proceeding before the deadline to file final arguments expires. In such cases, the opposition will not be decided until a final decision has been rendered in the corresponding cancellation or invalidation action.
Through these amendments, the INPI seeks to automate, simplify and expedite the processing of trademark opposition proceedings.
This insight is a brief comment on legal news in Argentina; it does not purport to be an exhaustive analysis or to provide legal advice.