Trademark Opposition in Argentina: 2026 Rules, Deadlines and Procedure

By Gaspar Guardia, Trademark Agent registered with INPI (Agent No. 2197) at Promarca · Updated: October 2026

A trademark opposition is a formal objection to someone else’s application, filed with INPI, Argentina’s trademark office, before the mark is granted. If you own a brand in Argentina, or plan to enter the market, oppositions matter to you in two ways: they are the tool you use to stop a copycat filing, and they are the risk your own application faces once it is published.

The rules changed significantly in 2026. This guide explains who can oppose, the deadlines at each stage, and what to do whether you are the opponent or the applicant. For the full filing process, see our guide to trademark registration in Argentina.

Why oppositions matter more since 2026 New 2026

Under Resolution 583/2025, in force since December 11, 2025, INPI still refuses marks that are identical to an earlier registration, but it no longer examines whether earlier marks are similar or confusingly similar. Conflicts between similar marks are resolved only if the owner of the earlier mark files an opposition.

In practice, if nobody opposes, a mark that is confusingly similar to yours can be granted. Monitoring the Trademark Bulletin is no longer optional for brand owners. Read more in Argentina’s 2026 trademark overhaul.

Who can oppose, and on what grounds

Argentine trademark law (Law 22,362) allows anyone with a legitimate interest to oppose an application. In practice, opponents are usually:

• Owners of earlier marks, registered or applied for, that are identical or confusingly similar and cover the same or related goods or services.
• Owners of well-known marks, including foreign brands that are well known in Argentina even if they are not registered there.
• Anyone affected by a bad-faith filing, for example a distributor or former partner who registers your brand in their own name.

An opposition can also rely on absolute grounds, such as a mark that is generic, descriptive or misleading.

The procedure step by step

For applications filed from March 1, 2026, Resolution 297/2026, published on August 10, 2026, sets the following stages:

1. Publication and opposition period. Each application is published in INPI’s Trademark Bulletin. Oppositions must be filed within 30 calendar days of publication. The deadline cannot be extended.
2. Three-month negotiation period. Once the applicant is notified of the opposition, the law gives the parties three months to reach an agreement. Typical outcomes are the withdrawal of the opposition, a limitation of the goods or services, or a coexistence agreement.
3. Maintaining the opposition. When the negotiation period ends, INPI’s system notifies the opponent automatically. The opponent has 15 business days to confirm it wants to maintain the opposition and pay the official fee for each application. In the same filing, it can expand its grounds and attach its evidence.
4. Answer. The applicant then has 15 business days to answer each opposition and submit its own evidence.
5. Final arguments. The parties have a common, optional period of 10 business days to file final arguments. During this stage they can notify that they have started mediation, conciliation or another ADR mechanism, which suspends the period for up to 30 business days.
6. Decision. INPI’s National Trademark Directorate decides whether the opposition is upheld and the application refused, or rejected and the mark granted.
7. Appeal. The decision can only be challenged through a direct appeal before the National Court of Appeals in Civil and Commercial Federal Matters.

Deadlines at a glance

Since March 1, 2026, INPI notifies electronically and deadlines run from the day after notification (Resolution 63/2026).

Evidence: no separate stage

The new procedure eliminates the separate evidence stage. Each party must offer and attach its evidence when it maintains the opposition (the opponent) or answers it (the applicant), and the evidence must be in documentary form. The only exception is websites and links: the parties must identify them precisely, and INPI checks them directly when it decides.

For foreign brand owners, this means proof of use, prior registrations abroad and evidence of reputation in Argentina should be ready before the opposition is maintained, not gathered later.

Non-use and invalidity claims inside the opposition

• Non-use cancellation and nullity under trademark law can now be decided within the opposition, if they are raised when the grounds are expanded or when the opposition is answered.
• Nullity based on bad faith or speculative registrations must be brought before the federal civil and commercial courts. The opposition is suspended until the court decides.

This is useful for applicants: if an opposition is based on an earlier mark that has not been used, the applicant can ask for that mark’s cancellation in the same procedure.

Applications filed before March 1, 2026

Oppositions against applications filed before March 1, 2026 continue under the rules in force when they were filed. If you have a pending opposition from that period, the deadlines above may not apply.

What usually happens in practice

The negotiation period exists, but few oppositions end in a formal agreement. In our experience, the most common reasons are:

• Watch-service oppositions. Many are filed preventively by agents or watch services, almost automatically, and there is nobody with a mandate to negotiate within the three months.
• Applicants who do not respond. Individuals and small businesses that filed without an agent often do not follow the file or understand what an opposition means.
• Policies against coexistence. Many large brand owners do not sign coexistence agreements or limit their goods as a matter of policy, and prefer INPI to decide.
• Tight timelines for foreign parties. Between correspondents, translations and internal approvals, three months can pass before there is a concrete proposal.
• Waiting often works. Many oppositions end because one party drops out: the opponent does not pay the maintenance fee, or the applicant abandons. Under Resolution 297/2026, paying the fee is a condition for continuing, which makes this even more common.

What to do if you are the opponent or the applicant

• If you own a mark: set up a watch on the Trademark Bulletin. With only 30 calendar days to oppose, and INPI no longer flagging similar marks, early detection is what keeps your options open.
• If your application is opposed: use the three-month negotiation period. A limitation of goods or a coexistence agreement is usually faster and cheaper than a contested decision, but it needs someone on the other side with authority to negotiate.
• In both cases: prepare your evidence early. Under the new rules, there is no second chance to submit it.
• Before filing: run a clearance search to reduce the risk of being opposed. See how to search trademarks in Argentina.

Frequently asked questions