The Argentine Institute of Industrial Property (INPI) has issued Resolution 215/2026, published in the Official Gazette on July 6, 2026, introducing comprehensive reforms to the administrative procedures for trademark invalidation and non-use cancellation.
The Resolution, signed by INPI President Carlos María Gallo, fully replaces Annexes III and IV of Resolution INPI P-183/2018. Key changes include:
Major Reforms
1. Legitimate Interest Requirement
Third-party invalidation or cancellation actions now require the petitioner to demonstrate a subjective right or specific legitimate interest directly affected by the challenged trademark registration, thereby filtering out abstract or speculative claims.
2. Mandatory Prior Notice — 60-Day Deadline
Before INPI serves the complaint, the petitioner must formally notify the trademark owner (or its local representative) by reliable means that the action has been initiated. Proof of notification must be filed within 60 calendar days, failing which the action will be dismissed. This requirement also applies retroactively to pending cases where the trademark owner has not yet appeared.
Note: Ex officio invalidation proceedings initiated by INPI within six months from the trademark's approval announcement are exempt from this pre-notification procedure.
3. Defined Procedural Windows Within Opposition Proceedings
Invalidation and non-use cancellation claims in the context of opposition proceedings must be filed at specific stages:
Party | Procedural Window |
Opponent | Upon maintaining the opposition |
Applicant | Upon replying to the opposition |
Either Party (Exception) | Before the deadline for final arguments, if grounds arise later (the opposition will be suspended pending the outcome) |
4. Right to Respond to New Evidence
If the trademark owner submits new facts or documentary evidence in its response, the petitioner is granted 15 business days to comment exclusively on those new matters.
5. Strict Deadlines and Limited Appeals
All procedural deadlines are now strict and non-extendable; requests for file inspection do not suspend them. Simple procedural orders and interlocutory decisions are not subject to ordinary appeals — only final decisions may be reviewed through the direct judicial appeal mechanism under the Trademark Law.
6. Clarification of Administrative Jurisdiction
INPI may only hear invalidation actions based on Article 24(a) of the Trademark Law (registrations granted in violation of legal provisions). Claims involving bad faith (Article 24(b)) or registrations made solely for resale (Article 24(c)) fall exclusively under judicial jurisdiction and will be rejected at the administrative level.
Practical Impact
The reform strengthens procedural predictability and efficiency while introducing stricter compliance requirements. Rights holders and challengers in Argentina should review their trademark portfolios and ensure readiness to meet these new standards — particularly the 60-day notification rule and the heightened standing threshold.
Source：Argentina Official Gazette — Resolution 215/2026
鄂公网安备 42010402001546号