On July 6, 2026, the Argentine National Institute of Industrial Property (INPI) published Resolution No. 215/2026 in the Official Gazette, introducing new procedural rules for filing trademark nullity and trademark cancellation for non-use actions in Argentina.
The new regulation updates several aspects of these administrative proceedings and clarifies how INPI will handle them from now on.
Key Changes to Trademark Nullity and Cancellation for Non-Use Proceedings in Argentina
Below are the five most significant changes and their practical implications.
1. Broader Standing to File Nullity or Cancellation for Non-Use Actions
Under the previous rules, a party could request the nullity or cancellation for non-use of a registered trademark only by claiming that the registration affected one of its subjective rights.
The new regulation broadens this requirement. Applicants may now rely on either:
- the infringement of a subjective right; or
- a specific legitimate interest directly connected to the trademark registration they seek to invalidate or cancel for non-use.
According to the Resolution, this amendment allows access to the procedure even when the applicant cannot establish a strict subjective right but does have a current, concrete, and legally protectable interest.
2. Nullity or Cancellation for Non-Use Claims Filed During Opposition Proceedings
The previous regulation generally stated that nullity and cancellation for non-use claims raised “within the context of an opposition” would be handled as part of the Administrative Trademark Opposition Procedure.
The new regulation provides greater clarity.
A nullity or cancellation for non-use claim will proceed together with the opposition only if the opponent maintains the opposition. If the opponent later withdraws or fails to maintain it, INPI will dismiss the nullity or cancellation for non-use claim.
The regulation also addresses situations where grounds for nullity or cancellation for non-use arise after the parties file or answer the opposition grounds. In those cases, the interested party may file a separate request within the same administrative file until the deadline for final arguments expires.
When this occurs, INPI will suspend the opposition proceeding until the nullity or cancellation for non-use decision becomes final.
3. Mandatory Formal Notice After Electronic Reopening of the File
The new regulation introduces a formal notification requirement before INPI serves the nullity or cancellation for non-use action on the trademark owner.
The procedure now works as follows:
- The applicant files the nullity or cancellation for non-use request.
- INPI electronically reopens the administrative file and notifies the requesting party.
- From the date of that notification, the requesting party has 60 calendar days to formally notify the trademark owner that INPI has reopened the file and to submit proof of that notification.
The applicant must notify:
- the trademark owner’s registered address in Argentina; or
- if the owner is located abroad, its appointed local address.
If the applicant fails to provide proof of notification within the 60-day period, INPI will summarily dismiss the nullity or cancellation for non-use request.
Only after the applicant proves proper notification will INPI formally serve the action on the trademark owner and allow it to file a response.
4. Opportunity for the Applicant to Respond to New Facts or Evidence
The new regulation also strengthens the applicant’s procedural rights.
If, in its response, the trademark owner introduces new facts or submits documentary evidence relevant to the dispute, INPI must grant the requesting party a 15-business-day period to respond.
This additional stage ensures that both parties have an opportunity to address all relevant arguments and evidence before INPI issues its decision.
5. Express Limitation on INPI’s Jurisdiction
The regulation expressly confirms that INPI will not hear trademark nullity actions that involve, in whole or in part, claims based on:
- bad-faith trademark registrations; or
- speculative trademark registrations
as provided in Sections (b) and (c) of Article 24 of Argentine Trademark Law No. 22,362.
These claims remain within the jurisdiction of the Argentine courts rather than INPI.
When Do the New Rules Apply?
The new regulation entered into force on July 6, 2026 and applies to all nullity and cancellation for non-use proceedings initiated on or after that date.
It also applies to pending proceedings in which the owner of the challenged trademark has not yet appeared. In those cases, the requesting party must complete the new notification procedure before the case can continue.
Why Do These Changes Matter?
The new regulation places greater emphasis on procedural compliance.
Missing a deadline or failing to comply with the new notification requirements may result in the summary dismissal of a nullity or cancellation for non-use action, regardless of the merits of the underlying claim.
Anyone considering filing a trademark nullity or cancellation for non-use action in Argentina should carefully plan each procedural step and closely monitor every deadline to avoid losing the action on purely procedural grounds.
Need Advice on Trademark Nullity or Cancellation for Non-Use in Argentina?
If you need advice regarding trademark nullity, trademark cancellation for non-use, or other trademark disputes in Argentina, our team can help. Contact us to discuss your case and the most appropriate strategy.
