Resolution INPI P-583/25 was published on the Official Gazette of the Argentine Republic (Boletín Oficial de la República Argentina), through which the National Institute of Industrial Property (INPI) introduces a relevant update to the trademark registration procedure.
The regulation limits the examination of new applications to absolute grounds only, with the aim of shortening timeframes and streamlining the process.
Among the most noteworthy aspects of the resolution are the following:
1. Substantive examination will now be conducted at the beginning of the procedure together with the formal examination, and only absolute grounds for refusal or public policy issues will be reviewed. The application will then be published and, if no opposition is filed, it will be granted automatically.
2. The Office will no longer verify the coexistence of similar trademarks, only identical ones.
3. Nor will it examine whether the trademark may confuse consumers, whether it consists of a person’s name (unless the person is famous), or whether it designates an activity.
“These changes have a major impact on trademark owners, both in terms of procedural practice and trademark registrability,” noted Mauro Tovorovsky, partner at the law firm Vitale, Manoff & Feilbogen.
It is essential to note that the change in criteria takes effect immediately, while the modification in the order of examination for granting trademarks will begin in March 2026.
Summary of the Resolution Prepared by INPI
Resolution INPI P-583/25 establishes a new trademark registrability examination scheme by modifying the following key points:
1. New Scope of Ex Officio Examination (Article 1)
The resolution provides that, from now on, the examination carried out by the National Directorate of Trademarks on new trademark applications will be limited exclusively to:
- Absolute grounds for refusal, i.e., cases where the sign lacks distinctiveness or is incompatible with the essential function of a trademark.
- Issues related to public policy, which protect the general interests of the community.
- Previous identical trademarks
Conversely, other grounds for refusal provided by law under subsections b), d), h) (when the personal name does not identify a famous person), and i) of Article 3 of Law 22,362 — that is, conflicts with third-party rights, similarities with earlier trademarks, or issues related to names or pseudonyms — will no longer be examined ex officio, but only if raised by a third party through an opposition or an action for cancellation.
This means that the Trademark Office will cease issuing observations based on potential private conflicts, reserving such analysis exclusively for those with a genuine interest in asserting them.
2. Reorganization of the Procedural Stages (Article 2)
The regulation also modifies the stage at which formal and substantive examinations will take place. Under the new framework:
– The formal and substantive examination of the application will be conducted immediately after filing, prior to publication, provided that the filing meets the necessary conditions to be examined (fully validated through TMClass, without priority claims, and without representation as a business manager), as these circumstances delay immediate examination.
– If no objections arise from the examinations, or if any objections are remedied, the application will be approved by the technical area and ordered to be published in the Trademark Gazette.
– Once published, and if the statutory 30-day period elapses without oppositions being filed, the trademark will be granted directly.
– Conversely, if oppositions are filed, the procedure will continue in accordance with Articles 15 and 16 of Law 22,362 and, where applicable, with the administrative procedure established by Resolution INPI P-183/18.
In brief, the examination will now take place before publication, making the process more agile: the procedure will only be halted if absolute or public policy objections arise, or if a third party files an opposition.
3. Temporal Scope and Immediate Application (Article 3)
Article 1 — that is, the limitation of examination to absolute grounds and public policy issues — enters into force immediately and will apply to all new trademark applications currently pending, regardless of their procedural stage.
4. Entry into Force of the New Procedural Order (Article 4)
The new procedural scheme set forth in Article 2 will enter into force on March 1, 2026, as the necessary IT modifications required to implement this change are expected to be completed by that date.
