The National Institute of Industrial Property (INPI) approved Resolution 215/2026, published on July 6, 2026, which fully replaces Annexes III and IV of INPI Resolution P-183/2018. The reform reorganizes the administrative procedures for trademark invalidity and cancellation due to non-use of registered trademarks, seeking greater speed and predictability.
Greater Clarity on Standing, Timing, and Scope of INPI’s Authority
The new regulations expressly require that any party seeking to initiate an administrative invalidation or cancellation action demonstrate that it has a subjective right or a legitimate interest directly affected by the challenged trademark.
In addition, invalidation or cancellation claims may only be brought within opposition proceedings once the opposition has been maintained. As a new feature, if the grounds for invalidation or cancellation arise at a later stage, the action may be filed up until the deadline for submitting final arguments, with the opposition proceedings being suspended until a final decision on that action is issued.
The Resolution also introduces an express limitation on the INPI’s authority, providing that only invalidation actions based on Article 24(a) of the Argentine Trademark Law No. 22,362 may be heard administratively by the INPI, while the grounds set forth in Article 24(b) and (c) fall outside its administrative jurisdiction. Although the law so provides, in practice numerous nullity claims filed before the administrative authorities included, either jointly or as ancillary grounds, the circumstances set forth in paragraphs (b) and/or (c) of the same article.
New Requirement for Prior Formal Notice
Another significant procedural change introduced by the new regulations is the requirement to provide formal notice to the trademark owner before the INPI serves the action.
The party initiating the invalidation or cancellation action must formally notify the trademark owner (or its representative in Argentina, where applicable) that the proceedings have been initiated, including, among other things:
- The reopening of the electronic file;
- The registration number, trademark, and corresponding class;
- Inform that future notification will be served through the INPI’s electronic notification system.
This seeks to safeguard the titleholder’s right of defense. If proof of such notice is not submitted within 60 calendar days, the request will be dismissed outright. This requirement did not exist under the previous framework and represents the most relevant procedural change introduced by the resolution.
Practical impact
The reform seeks to provide greater predictability and efficiency to administrative trademark proceedings. At the same time, it introduces new procedural requirements for parties bringing these actions, making compliance with the new formalities essential to avoid dismissal of the claim.
Although Resolution 215/2026 is already in force and applies to new administrative invalidation and cancellation actions, it also establishes transitional rules for certain pending proceedings. In cases initiated before the Resolution entered into force where no final decision has yet been issued and the trademark owner has not yet appeared to defend its rights, the INPI must first carry out the new electronic file reopening notice before continuing with the proceedings.
For more information on how this resolution may impact the management and defense of your trademark, contact our trademarks team at info@lermanszlak.com
