Argentina’s National Institute of Industrial Property (INPI) has rewritten its trademark opposition procedure: under Resolution 297/2026, published on 10 August 2026, evidence now has to accompany the parties’ main submissions, and an optional ten-business-day window for final arguments closes the case. Together with new rules on nullity, non-use cancellation and assignments adopted since May, this changes how any Argentina trademark opposition is prepared. It matters to any foreign owner with marks in Argentina, which is not part of the Madrid System.
Key takeaways
- The new opposition rules apply to oppositions against applications filed from 1 March 2026; older files continue under the previous procedure.
- Evidence must be filed with the opposition arguments or the applicant’s response, not saved for later.
- Since 6 July 2026, anyone seeking nullity or non-use cancellation must show a concrete legitimate interest in the challenged registration.
- Assignments signed abroad no longer need an apostille or consular legalisation, and take effect from the filing date of the recordal request.
- INPI fees are now set in UMAPI units, updated monthly in line with the consumer price index.
What changes in an Argentina trademark opposition?
INPI resolves trademark oppositions in an administrative procedure regulated by Decree 242/2019, which also gives the parties three months to negotiate a settlement. Resolution 297/2026, signed on 6 August and published in the Official Gazette on 10 August 2026, replaces Annex I of Resolution P-183/2018, which governed that procedure. Its main features:
- Automated notices to the applicant, and then to the opponent so it can confirm that it maintains the opposition.
- Evidence up front: documentary evidence must be filed together with the substantive submission. The exception is web links, which the National Trademark Directorate may check when deciding, provided the parties identify them precisely.
- Single deadline for the applicant: response, evidence and fee are filed together.
- Final arguments: an optional period of ten business days for both parties before the decision.
- Settlement: the parties can tell INPI that mediation or another alternative procedure has started.
- Court appeals: a party appealing the decision must inform INPI within 20 business days of filing the appeal.
In practice, the case is now won or lost on the first filing: proof of use or reputation has to be ready before the opposition is maintained.
Nullity and non-use cancellation: legitimate interest now required
Resolution 215/2026, published on 6 July 2026, approved new rules for administrative nullity and non-use cancellation (in Spanish, caducidad) actions, now Annexes III and IV of Resolution P-183/2018. As INPI explained the same day, the claimant must prove a concrete subjective right or legitimate interest linked to the registration it attacks; abstract challenges are excluded.
Where the registration file is archived, the claimant must serve formal notice on the owner and prove it within 60 calendar days of the order reopening the file. Inside an opposition, the opponent raises nullity or non-use claims when substantiating it, and the applicant can attack the opponent’s registration in its response.
Assignments: no apostille and effects from the filing date
Resolution 162/2026, in force since 29 May 2026, replaced the 2011 and 2020 rules on recording transfers of trademarks, patents, utility models and designs. According to Allende & Brea (23 June 2026) and the EU IP Helpdesk (25 July 2026), documents signed abroad no longer need an apostille or consular legalisation, notarial certification covers only the transferor’s signature, either party may file, and the transfer takes effect from the filing date.
| Resolution | In force | What it changes |
|---|---|---|
| 75/2026 (fees) | New fees from 1 April 2026; UMAPI from 1 May 2026 | Fees in UMAPI units indexed monthly to the consumer price index |
| 162/2026 (transfers) | 29 May 2026 | No apostille or legalisation; effects from filing; either party may file |
| 215/2026 (nullity and non-use) | July 2026 (Official Gazette, 6 July) | Legitimate interest required; counterclaims in oppositions |
| 297/2026 (oppositions) | August 2026 (Official Gazette, 10 August) | Evidence with submissions; optional final arguments; applies to applications from 1 March 2026 |
Fees in UMAPI: what it means for budgeting
Resolution 75/2026 (Official Gazette, 20 March 2026) created the UMAPI, a fee unit worth one hundredth of the fee for a new single-class application with up to 20 items, updated each month according to the consumer price index published by INDEC. Beccar Varela (6 April 2026) put the starting value at ARS 360, so a new application cost 100 UMAPI (ARS 36,000). Check the current value before each filing.
What this means for your business
- Check the filing date of the application you are opposing, or defending: it decides which procedure applies.
- Build the evidence file before the opposition deadline: registrations, proof of use and reputation in Argentina, and precisely identified web pages.
- Before attacking a registration, document your legitimate interest: a conflicting application, a market entry plan or a cease-and-desist letter.
- Record pending assignments now: without an apostille, intra-group transfers are cheaper and faster.
Argentina is not among the Madrid Protocol contracting parties, so each mark needs a national filing. Our team for trademark registration and opposition work in Argentina and across Latin America can coordinate it with your European portfolio.
Where companies get this wrong
- Filing a “placeholder” opposition and planning to prove the case later: under the new rules the evidence goes in with the arguments.
- Requesting non-use cancellation of a blocking mark without a documented interest, and seeing it rejected.
- Leaving assignments unrecorded after an acquisition, so the registry still shows the seller as owner when a dispute starts.
Where a case may end in court, our IP disputes and enforcement team keeps strategy and evidence aligned with local counsel.
Frequently asked questions
Which oppositions follow Argentina’s new procedure?
Resolution 297/2026 applies to oppositions filed against trademark applications received by INPI from 1 March 2026 onwards. Oppositions against earlier applications continue under the previous rules until they conclude, so the filing date of the opposed application decides the procedure.
Can anyone ask INPI to cancel an unused trademark in Argentina?
No longer. Since Resolution 215/2026 took effect in July 2026, a party seeking nullity or non-use cancellation must show a concrete right or legitimate interest connected with the registration it challenges. A conflicting application or a refusal based on that mark are typical ways to show it.
Do I still need an apostille to record a trademark assignment in Argentina?
No. Resolution 162/2026, in force since 29 May 2026, removed the apostille and consular legalisation requirement for transfer documents signed abroad. Private documents still need notarial certification of the transferor’s signature, and the transfer takes effect from the date the recordal request is filed with INPI.
Can IP Global Guard handle trademark oppositions in Argentina?
Yes. We prepare the strategy and the evidence and coordinate qualified local correspondents before INPI for oppositions, cancellations and assignment recordals, from a single point of contact. You keep one strategy and one billing relationship for Argentina and the rest of your portfolio.
How IP Global Guard can help with your Argentine portfolio
IP Global Guard, the IP services line of META Channel Corporation Limited, manages trademark portfolios in more than 25 jurisdictions across Europe, Latin America and Africa, coordinating national filings where Madrid does not reach, as in Argentina, from a single point of contact.
If you have an opposition deadline, a blocking registration or an unrecorded assignment in Argentina, send us the application or registration numbers and the dates. We will tell you which procedure applies and what evidence you need. Contact our trademark team.
This article is general information, not legal advice, and reflects the rules in force on its publication date.
Sources
- Boletín Oficial, INPI Resolution 297/2026 (10 August 2026)
- Boletín Oficial, INPI Resolution 215/2026 (6 July 2026)
- INPI, nullity and non-use procedures (6 July 2026)
- Boletín Oficial, INPI Resolution 162/2026 (29 May 2026)
- Allende & Brea, INPI simplifies recordal of transfers (23 June 2026)
- EU IP Helpdesk, Argentina updates rules for recording IP ownership transfers (25 July 2026)
- Argentina.gob.ar, INPI Resolution 75/2026 (20 March 2026)
- Beccar Varela, INPI fee update and UMAPI (6 April 2026)
- WIPO Lex, Argentina Decree 242/2019 regulating the Trademark Law (1 April 2019)
- WIPO Lex, Madrid Protocol contracting parties (database)
