ARGENTINA Law and Practice Contributed by: Santiago R O’Conor, Gisela M Russo, Gisela M Manrique and Ayelen Rocio Velaz, O’Conor & Power
ucts or services that are protected under the trade mark being renewed. If a trade mark registration has expired, it is not pos - sible to reactivate it; a new trade mark application must be filed. 4.4 Application Requirements In order to apply for a trade mark, it is necessary to fill out an application form, with information relating to the applicant and the trade mark, namely: wordmark/ design, class, items to be protected and type. This must be accompanied by the necessary documenta - tion, depending on the type of application, ie, a logo should be submitted if it is a label or a pentagram, along with an MP3 file if it is a sound trade mark. Multi-class applications are not allowed in Argentina. For a “basic trade mark” (no priority claim, no repre - sentation ratification, no oppositions, and no office actions), the registration period can be between four) to six months. This period can be extended to 12 to 14 months if the trade mark meets with oppositions and/or office actions. The official fees for a trade mark application in one class are ARS17,680 – which covers up to 20 protect - able items. Each surplus items to be protected carries an additional fee of ARS200. Trade marks can be applied for by individuals or legal entities, public entities, or non-profit associations, both national and foreign. Foreign companies must act through an attorney licensed to practise in Argen - tina, through the granting of a power of attorney. The recent amendment to trade mark law in relation to the Nice Classification is linked to the entry into force of the 13th edition of the International Classification of Goods and Services, applicable to new trade mark applications from 1 January 2026. This update does not introduce changes to the legal principles of the trade mark system, but has a technical and practi - cal impact, since it reorganises and clarifies the way in which certain goods and services should be clas - sified. The changes focus mainly on drafting adjust - ments, terminological clarifications and updating of
the explanatory notes, with the aim of improving the coherence of the system and its alignment with cur - rent technical and regulatory developments. 4.5 Use in Commerce Prior to Registration Prior use is not a requirement for trade mark registra - tion. 4.6 Consideration of Prior Rights in Registration As of December 2025, the INPI will carry out ex officio examinations, which are limited exclusively to abso - lute grounds for refusal (lack of distinctiveness, signs incompatible with the trade mark function, or issues of public order or morality). Relative grounds (similar marks, personal names, etc) will be examined only if a third party files a formal opposition. Trade marks will be published only if the mark has already passed the absolute grounds examination. Third parties are able to file an opposition based on their prior rights within 30 calendar days from the pub - lication of the trade mark, meaning that it is the rights holders themselves who must safeguard their rights. The opposition deadline is not extendable. If a trade mark application receives an opposition and the opposition is maintained through the filing of an additional writ, the administrative opposition resolu - tion procedure is initiated. The Trade Mark Office may refuse an application, even if it has not received an opposition, based on prior rights or other grounds. 4.7 Revocation, Change, Amendment or Correction of an Application It is not possible to amend, modify or correct a trade mark application during the registration process. It is only possible to the update the applicant’s address or limit the scope of protection to fewer goods or servic - es within the same class for which the application was filed. The latter change must be requested before the publication of the trade mark in the Official Bulletin.
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