On December 11, 2025, INPI Resolution P-583/25 was published in the Official Bulletin. Through this regulation, the Argentine National Institute of Industrial Property (INPI) introduced a significant reform to the trademark registration procedure in Argentina.
This Resolution aims to simplify and streamline the trademark registration process, while redefining the scope of the substantive examination conducted ex officio by INPI.
Main Amendments Introduced by Resolution P-583/25
1. Scope of Ex Officio Examination in Trademark Registration in Argentina
The Resolution limits INPI’s ex officio examination of registrability exclusively to absolute grounds for refusal and matters related to public order.
As a result, aspects such as lack of distinctiveness or incompatibility with the essential function of a trademark will continue to be examined by INPI. However, certain conflicts involving prior third-party rights will only be considered if they are raised through a formal opposition or a nullity action.
Specifically, Article 1 of Resolution P-583/25 establishes that INPI will examine the prohibitions set forth in sections (b), (d), (h) and (i) of Article 3 of Argentine Trademark Law No. 22,362 only at the request of an interested party:
- Section (b): Trademarks confusingly similar to earlier registered trademarks covering the same goods or services.
- Section (d): Trademarks that may mislead consumers regarding the nature, quality, characteristics or origin of the goods or services.
- Section (h): Names or portraits of individuals without their consent.
- Section (i): Business names or activity designations lacking distinctiveness.
2. New Order of the Trademark Registration Procedure
The new regulation establishes that INPI will carry out both the formal examination and the substantive examination immediately after the application is filed, prior to its publication in the Trademark Bulletin.
This change allows applications to be assessed more efficiently. If no objections are raised during the examination stage, the application may proceed directly to publication. If, after publication, no oppositions are filed within the statutory 30-day period, the trademark will be granted automatically.
If an opposition is filed, the procedure will continue under the Trademark Opposition Resolution Procedure, which remains fully in force.
3. Immediate Application and Scope of the New Examination Criteria
The limitation of INPI’s ex officio examination to absolute grounds and public order considerations enters into force immediately and applies to all pending trademark applications, regardless of their current procedural stage.
Consequently, pending applications that had previously received office actions based on the grounds listed in Section 1 above may continue their prosecution without INPI maintaining such objections.
4. Entry into Force of the New Procedural Framework
The new procedural sequence described in Article 2 of the Resolution will become effective on March 1, 2026, allowing INPI sufficient time to implement the necessary technical and IT adjustments.
Practical Implications for Trademark Owners and Applicants
INPI Resolution P-583/25 represents a significant step toward the modernization of the trademark system in Argentina, with a clear objective of increasing efficiency and reducing registration timelines.
By conducting the registrability examination before publication, the system is expected to accelerate the prosecution of trademark applications and reduce uncertainty for applicants.
In this new framework, trademark monitoring and enforcement become even more critical. Since INPI will no longer examine certain relative grounds ex officio, the detection of potentially conflicting trademark applications will increasingly depend on the active monitoring and opposition strategies of trademark owners.
For further information or legal advice regarding INPI Resolution P-583/25 and its impact on trademark registration in Argentina, please do not hesitate to contact us.
