Resolution P-583/25, published on December 11th in the Official Bulletin, introduce substantial updates to the trademark registration process in Argentina. Particularly, the new framework adjusts the scope of the ex officio examination and reorganizes the stages of the trademark registration proceding.
According to the AR PTO, these changes aim to prevent the Administration from creating artificial conflicts through ex officio objections based on private rights.
New Scope of the Ex Officio Examination (Article 1)
Under the new resolution, the AR PTO’s examination for new trademark applications will be limited exclusively to:
- Absolute grounds for refusal, such as lack of distinctiveness or any incompatibility of the sign with the essential function of a trademark.
- Matters related to public order.
The grounds for refusal set forth in Article 3, subsections (b), (d), (h), and (i) of Law 22,362—such as conflicts with third-party rights, similarities with registered trademarks, issues involving personal names or pseudonyms, or indications of activities to distinguish products—will no longer be assessed ex officio. The AR PTO will evaluate these only if a third party files an opposition or a nullity action.
It should be noted that this Article 1 came into effect immediately and will apply to all peding trademark applications.
Reorganization of the Registration Procedure (Article 2)
The resolution establishes that once a trademark application is filed—and before its publication in the Official Bulletin—the AR PTO will conduct both,the formal and substantive examinations, provided the application meets the required conditions (TMClass validation, no priority claim, and no representation as a business manager).
If no objections arise from the examination, or if any objections are successfully resolved, the application will be approved and published for one day in the Official Bulletin. After publication, and once the 30-day opposition period has passed without objections, the trademark will be granted automatically.
If an opposition is filed, the proceeding will continue in accordance with Articles 15 and 16 of Law 22,362 and INPI Resolution P-183/18.
This Article 2 will take effect on March 1, 2026.
If you need advice on trademark registration, contact us at info@lermanszlak.com.
