This article provides a step-by-step overview of the trademark opposition procedure in Argentina, according to the current process before the National Institute of Industrial Property (INPI):
1. Publication and Filing of Oppositions
- Trademark applications are published in the Trademark Bulletin for a period of 30 calendar days, during which third parties may file oppositions.
- Based on current INPI delays, official notification of the opposition to the applicant typically takes approximately 8 months from the date of filing.
2. Negotiation Period
- Once officially notified, the parties have 3 months to negotiate a withdrawal of the opposition.
- 🔎 Important: Oppositions can be settled at any time, even before official notification. Given the current delays in notifications, it is common practice to initiate negotiations in advance.
- If the opposition is withdrawn, the application proceeds.
- If no settlement is reached, INPI will notify the opponent to ratify the opposition.
3. Administrative Opposition Resolution Procedure
a) Ratification of the Opposition:
- The opponent has 15 working days to ratify the opposition and pay the maintenance fee (approximately USD 74).
- If the opposition is ratified, the “Administrative Opposition Resolution Procedure” begins. The ratification may be filed with an extension of grounds (including supporting arguments and evidence), or without an extension of grounds.
- If the opposition is not ratified, it becomes an informal objection (”llamado de atención”) that may or may not be considered by the examiner.
b) Reply to the Opposition:
- The applicant has 15 working days to respond to the opposition.
- Within the same period, the applicant must pay a resolution fee (approximately USD 10). Failure to pay this fee will result in automatic rejection of the application.
c) Evidence Stage:
- After the reply is filed, a 40-working-day period opens for both parties to produce evidence.
d) Final Arguments:
- Once the evidence stage ends, both parties may submit final arguments within 10 working days.
e) INPI Resolution:
- INPI will issue a decision on the merits of the opposition:
- If the opposition is declared founded, the application will be rejected.
- If the opposition is declared unfounded, the application will proceed.
- The decision may be appealed within 30 working days before the Federal Civil and Commercial Court of Appeals.
You can download a complete flowchart of the trademark application process in Argentina — including the opposition procedure — here:
Whether you’re a foreign IP firm or a company looking to register your brand in Argentina, this resource will help you better understand each stage of the process.
For tailored advice on trademark protection or opposition matters in Argentina, feel free to contact us.