ARGENTINA Law and Practice Contributed by: Santiago R O’Conor, Gisela M Russo, Gisela M Manrique and Ayelen Rocio Velaz, O’Conor & Power
4.8 Dividing a Trade Mark Application The division of a trade mark application is not possible in Argentina. 4.9 Incorrect Information in an Application Mistakes that are minor, such as an incorrect address, can be amended by filing a writ. Substantially incorrect information, such as the incorrect class, may result in an office action or even the refusal of the application. 4.10 Refusal of Registration As a consequence of INPI Resolution No 583/2025 of December 2025, the Argentine Trade Mark Office now limits its substantive review of trade mark applications to absolute grounds for refusal and matters of pub - lic order. This reflects a shift away from the previous practice of automatically examining both absolute and relative grounds during prosecution. Accordingly, the Trade Mark Office may refuse regis - tration on absolute grounds when the applied for mark materially conflicts with fundamental requirements of registrability, including the following. • Lack of distinctiveness — the sign does not have the requisite distinctive character to distinguish the applicant’s goods/services from those of others. • Signs that are generic or descriptive and thus inca - pable of functioning as trade marks (eg, ordinary terms or common indicators of goods/services). • Signs contrary to public order or morality — marks that would offend public policy, decency or good customs. • Designations that by law cannot be registered — for example, protected geographical indications or denominations of origin that fall under prohibi - tions in the Trade Mark Law and cannot function as trade marks. Under Resolution 583/2025, these absolute grounds are the only ones that INPI will examine automatically (ex officio) as part of its registration review. Only if a mark falls into one of these categories can the INPI refuse it at the office level without any third-party input. If an application is rejected, the applicant may file an appeal with the Trade Mark Office within 20 working days from date of the official notification. If the appeal
is rejected, a further appeal may be filed for a final decision by the President of the INPI. 4.11 The Madrid System Argentina is not a member of the Madrid System. 5. Trade Mark Procedure for Inter Partes Proceedings 5.1 Timeframes for Filing an Opposition or Cancellation It is the rights holders themselves who must safeguard their rights. Any third party with a legitimate interest may file an opposition within 30 days from the publica - tion of the trade mark in the Official Bulletin. It is not possible to request extensions or time to file an opposition. There are two moments of “reflection to reach an ami - cable solution”. The first one is after the official noti - fication of the opposition, for a term of three months. The second one, optional, is requested by means of a joint brief filed by the parties during the process of administrative resolution of the opposition, which sus - pends all deadlines for a period of 30 calendar days. 5.2 Legal Grounds for Filing an Opposition or Cancellation Oppositions and/or cancellations may be based on the rules as foreseen in the Trade Mark Law, in Articles 2, 3, 24 and 26. The existing remedies include expiration in cases of non-use and nullity in cases of defects. Different remedies may be filed at the Trade Mark Office to seek re-examination of a decision: recon - sideration, hierarchical appeal and appeal. 5.3 Ability to File an Opposition or Revocation/Cancellation Any third party may file an opposition based on the legal prohibitions of registrability set forth in the Trade Mark Law No 22.362. An opponent does not neces - sarily have to be the owner of a trade mark application or trade mark registration; an opposition may also be
17 CHAMBERS.COM
Powered by FlippingBook