Argentine TMO Changes Trademark Examination Procedures

On December 11, 2025, the National Institute of Industrial Property (INPI) issued Resolution INPI P-583/25 (the “Resolution”), which introduces modifications to the trademark registration procedure in Argentina. The Resolution restricts the registrability examination criteria and modifies the order of certain stages of the administrative procedure.

Article 1 of the Resolution limits the substantive examination to assessing intrinsic registrability, public order prohibitions, and the existence of identical prior trademarks. Issues related to prior similar and confusingly similar trademarks are excluded from official examination and resolved in the frame of oppositions that may be filed by third parties.
 

Article 2 of the Resolution introduces changes to the order of the procedure. Going forward:

• INPI will conduct the formal and substantive examination described above before publishing the application in the Trademark Gazette.
• If the application receives no office actions, it will be published.
• If no oppositions are filed within the legal term of 30 days from publication, INPI will grant the registration.
   

If oppositions are filed, the current procedure regulated by Resolution P-183/18 will continue to apply, as it has not been modified.

The new examination guidelines established in Article 1 are already in force. The modification to the registration procedure in Article 2 will take effect on March 1, 2026, as INPI must first adapt its IT systems.

This change aims to streamline the trademark registration process and reduce existing delays. It is unclear whether the stated objective will be achieved. Trademarks granted under the new and less stringent regime are likely to be subject to more frequent judicial scrutiny in cases where holders of prior trademarks have not opposed.

Due to the less restrictive approach, INPI will no longer analyze ex officio the likelihood of confusion with trademarks previously registered or applied for by third parties. This will remain exclusively subject to the monitoring carried out by owners of prior trademarks and the oppositions they may file.