This Resolution reorganize the registration system aiming to rationalize the procedures, drastically reducing the timeline for granting and aligning the Argentine system with international standards – i.e. the EU ones –.
Up to the date, the Trademark Office served as a “filter” citing prior rights ex officio based on possibility of confusion.
Nevertheless, from now on, the ex officio examination will be limited strictly to absolute causes/grounds of refusal – i.e., lack of distinctiveness, sings which are incompatible with the trademark function, or public order/morality issues –. Given this, the relative causes/grounds of refusal – similar trademarks, personal names, etc. – will only be examined if a third party files a formal opposition. Within this new approach it is the right holders themselves who must safeguard their prior rights.
It is important to note that this new criterion has been in force since December 11th, 2025, when the resolution was published and it applies even to pending applications.
From March 1st, 2026, the trademark process will be as follows:
- Initial Examination: before the publication in the Trademark Bulletin a formal and substantive examination will be conducted.
- Examiner’s Role: they will be able to raise objections based on Article 3 (A) of the Trademark Law only when the application is identical to the prior one.
- Publication: the application will be published only if the trademark has already been through the absolute causes/grounds filter.
- Registration Timeline: the trademarks could be granted within approximately 2 – 3 months.
- Informal Objections/“Call of Attention”: the change of an oppositions that are not ratified will no longer be examined.
Furthermore, please note that from now on similar applications will be automatically granted if there are no oppositions timely filed by a private third party. The above means that obtaining the registration of a trademark will no longer guarantee the same level of legal certainty as before this change.
In view of all the changes introduced by this Resolution, it is important to keep in mind the following recommendations:
Apply an active monitoring of the trademarks to detect conflicting application as soon as they are published in the Trademark Bulletin
- Conduct thorough clearance searches before launching a mark in the market to avoid possible conflicts.
- File timely opposition considering that right now the primary enforcement tool is the oppositions and we have a period of 30 – thirty – running days to file it since the publication of a Trademark in the Trademark Bulletin.
Finally, please bear in mind that we remain at your disposal for any further information you may need regarding these changes.
