A .ar domain dispute is decided by NIC Argentina itself, the government body that runs the registry, not by an external panel under the UDRP. Since April 2023, Disposition 187/2023 gives NIC Argentina ten guiding criteria for deciding when a domain was registered or used abusively or in bad faith, from confusion with a well-known trademark to failing to point the name to DNS servers within six months. For European and Latin American companies doing business in Argentina, these criteria set out what evidence to gather before filing.
Key takeaways
- .ar disputes follow Chapter III of the Regulation for the Administration of Internet Domains in Argentina (Resolution SLYT 2/2022), not the UDRP.
- Any user who claims a better right or legitimate interest can file a dispute through the TAD online platform, from the moment the name is registered.
- The holder has 10 administrative business days to answer, extendable once; NIC Argentina then decides on the record.
- Disposition 187/2023 lists ten non-exhaustive criteria of abusive or bad faith registration; meeting one or more may justify revocation.
- Foreign companies can take part: non-residents register with an ID issued by NIC Argentina.
How does a .ar domain dispute work?
The rules are in the Regulation approved by Resolution 2/2022 of the Legal and Technical Secretariat of the Presidency, published in the Official Gazette on 6 January 2022. NIC Argentina, the National Directorate for the Registry of Internet Domains, grants .ar names on a first-come, first-served basis (article 17) and, except through the dispute procedure, does not intervene in conflicts between users and third parties (article 11).
The dispute procedure in Chapter III, as published on NIC Argentina’s current regulations page, works as follows:
| Step | What happens | Rule |
|---|---|---|
| Who can file | Any NIC Argentina user who considers it has a better right or legitimate interest in the name | Article 28 |
| When and how | Through the TAD (Trámites a Distancia) platform, from the moment of registration; only one dispute at a time per domain | Article 29 |
| Filing | The dispute starts once the fee is paid and the electronic file is created; all evidence and arguments must be filed at the outset | Articles 30 and 31 |
| Lock | The domain cannot be transferred while the dispute is pending | Article 26 |
| Response | The holder has 10 administrative business days, extendable once for the same period on request; NIC Argentina can also extend it | Articles 32 to 34 |
| Decision | NIC Argentina decides on the record, after the competent internal areas intervene, whether or not the holder answered | Article 35 |
| Challenge | The decision can be appealed under the national administrative procedure regulations (Decree 1759/72) | Article 36 |
| Finality | If no appeal is filed, the decision becomes final and the same parties cannot start a new dispute over the same registration | Article 37 |
Two other provisions help brand owners. Article 18 requires new registrations and transfers to be published in the fourth section of the Official Gazette for two days, which makes them easier to monitor. Article 19 lets NIC Argentina reject applications or revoke registrations, without prior notice, when they are offensive, discriminatory, unlawful, liable to cause confusion or impersonation, or registered in bad faith.
What are NIC Argentina’s ten bad-faith criteria?
Disposition 187/2023, reported by Diario Judicial on 28 April 2023, approved “guiding criteria” for disputes. Its recitals explain that confirming one or more of them may be acceptable evidence for revoking the disputed domain. Under the annex, NIC Argentina will consider a domain registered or used abusively or in bad faith when:
| No. | Criterion (summary) | Evidence a claimant would gather |
|---|---|---|
| 1 | It causes confusion, deception or impersonation regarding a well-known or recognised registered trademark, copyright, trade name, company name, the name of a prominent person or another right | Registrations, proof of reputation, screenshots |
| 2 | It is offered for sale or pursues undue profit contrary to fair trade practice | Sale listings, offers received |
| 3 | It blocks another user’s access to the internet or intentionally disrupts its commercial or non-profit activity | Evidence of the effect on your business |
| 4 | Its sole purpose is to stockpile domains without real use or a demonstrable legitimate interest | The holder’s other registrations |
| 5 | It has not been delegated to DNS within a reasonable time, the first six months of registration, without proper justification | DNS and WHOIS records over time |
| 6 | The holder cannot show a link with a real digital activity, commercial or personal | Absence of a website, email or other use |
| 7 | It matches generic words and is not used in relation to their dictionary meaning | Content showing the use |
| 8 | It is meant to divert customers, audiences or web traffic unlawfully to another site | Redirects, pay-per-click pages |
| 9 | It matches offensive, discriminatory or unlawful words or phrases | The domain itself |
| 10 | It causes confusion, deception or impersonation regarding national, provincial or municipal government bodies, the City of Buenos Aires, their services, or recognised national and international organisations | Comparison with the official name |
The criteria are illustrative, not exhaustive. Article 6 of the Regulation still presumes that a registration was made in good faith unless proven otherwise, so the burden is on the claimant.
How does the .ar system differ from the UDRP?
Under the UDRP, used for .com and other generic domains, an independent panel decides on three cumulative elements: confusing similarity with a trademark, no rights or legitimate interests, and registration and use in bad faith. In Argentina, the registry itself decides, the standard is a “better right or legitimate interest”, and the ten criteria work as indicators rather than elements that must all be met. Criteria 5 and 6, on DNS delegation and real digital activity, have no direct equivalent in the UDRP and make inactive registrations easier to challenge. On the other hand, the decision is an administrative act, open to administrative appeals, and the procedure runs in Spanish through Argentine government platforms.
What this means for your business
- Register your trademark in Argentina. Criterion 1 is strongest when the mark is registered and recognised there.
- Check DNS history early. If a name matching your brand has not been delegated for six months, criterion 5 may apply.
- Gather all evidence before filing; the Regulation expects everything to be submitted with the dispute.
- Set up access to TAD with a NIC Argentina ID for non-residents, or through an authorised representative.
- Monitor the Official Gazette’s domain section and register defensively the obvious .com.ar and .ar names.
Our domain name dispute service for Latin America can prepare the case and coordinate it with your trademark registrations in Argentina and the rest of the region.
Where companies get .ar disputes wrong
- Filing a UDRP complaint. The UDRP does not apply to .ar; the dispute goes to NIC Argentina.
- Filing piecemeal. All documentation must accompany the dispute, and a weak first filing is hard to fix.
- Letting the decision become final. If no appeal is filed, the same parties cannot reopen the dispute over that registration.
- Relying on a foreign registration alone. Argentine rights and evidence of local recognition carry more weight.
- Assuming the registry handles trademark conflicts. NIC Argentina disclaims responsibility for trademark issues arising from registrations or disputes (article 41); court action remains a separate route.
Frequently asked questions
Does the UDRP apply to .ar domains?
No. Disputes over .ar names are handled by NIC Argentina under Chapter III of the Regulation approved by Resolution SLYT 2/2022. Any user claiming a better right or legitimate interest files through the TAD platform, the holder answers within 10 administrative business days and NIC Argentina decides, guided by the criteria of Disposition 187/2023.
What are the bad-faith criteria of Disposition 187/2023?
They are ten illustrative situations in which NIC Argentina will consider a domain abusive or registered in bad faith, including confusion with a well-known trademark, offering the name for sale, stockpiling, failure to delegate to DNS within six months, no real digital activity, traffic diversion and impersonation of public bodies. Meeting one or more may justify revocation.
Can a foreign company dispute a .ar domain?
Yes. The Regulation allows both residents and non-residents to be NIC Argentina users; non-residents receive an ID from NIC Argentina. Procedures run through the TAD platform in Spanish, so a foreign company needs its evidence in Spanish and someone able to manage the electronic file.
Can IP Global Guard handle a .ar domain dispute for my company?
Yes. We assess the case against the ten criteria, gather the evidence and prepare the dispute. We coordinate qualified local correspondents in Argentina for the filing and any administrative appeal, and keep the matter aligned with your trademark portfolio from a single point of contact.
How IP Global Guard helps you recover a .ar name
In Argentina, a domain dispute is an administrative file: complete evidence at the start, local rights and the right criteria make the difference. IP Global Guard, the IP services line of META Channel Corporation Limited, manages domain recovery together with trademark portfolios across more than 25 jurisdictions in Europe, Latin America and Africa, with one strategy and one billing relationship.
Send us the .ar or .com.ar name you want back, your trademark registrations and what you know about how the domain is used. We will check which criteria apply and how strong the case is. Contact our Latin America domain team.
This article is general information, not legal advice, and reflects NIC Argentina’s rules on the date of publication.
Sources
- NIC Argentina, current regulations: Disposition 187/2023 and Regulation for the Administration of Internet Domains in Argentina
- Official Gazette of Argentina, Resolution 2/2022 of the Legal and Technical Secretariat (6 January 2022)
- Diario Judicial, New guidelines to avoid internet disputes (28 April 2023)
- ICANN, Uniform Domain Name Dispute Resolution Policy (updated 21 February 2024)
