Examination of marks on absolute grounds

argentina

The recently signed Reciprocal Trade and Investment Agreement between the United States and Argentina (ARTI) is beginning to generate expectations in the field of intellectual property. Although the agreement has not yet produced immediate and substantial reforms to Argentine trademark legislation, it does create a roadmap toward greater harmonization with international standards, including possible accession to the Madrid Protocol and the Singapore Treaty. If implemented, these steps could simplify procedures and modify the way companies structure and manage their trademark portfolios.

However, beyond the bilateral agreement, a significant change in trademark matters is already in force: Resolution 583/2025 issued by the National Institute of Industrial Property (INPI). This regulation limits the ex officio examination of new trademark applications exclusively to absolute grounds and matters of public order, leaving relative grounds, such as conflicts with prior trademarks, to the initiative of third parties through opposition proceedings. The result is a more time-efficient system, but one that shifts to rights holders the responsibility of actively monitoring the market and defending their rights.

With respect to enforcement and anti-piracy efforts, ARTI focuses on strengthening online measures, border controls, and institutional cooperation. Although these provisions still require domestic implementation, the political message is clear: the aim is to toughen the response to infringements, particularly in digital environments and international trade.

In this new scenario, specialists recommend that companies reinforce their monitoring strategies, review enforcement protocols in cases of infringement, and remain attentive to regulatory developments. The Argentine trademark system is thus undergoing a transitional stage that combines administrative simplification with greater strategic demands on rights holders.

Source

2 Mar, 2026

Categorías

Archivo

Archives

Categorías

Archivo

Archives