Through Resolution 139/2026, published on May 6 in the Official Gazette, the National Institute of Industrial Property (INPI) introduced further changes to the trademark registration procedure in Argentina aimed at creating a more streamlined process based on formal mechanisms.
End of “Third parties’ Observations”
In line with the changes introduced to the trademark registration procedure by Resolution 583/2025, Resolution 139/2026 eliminates the “observations” mechanism for trademark applications filed as of March 1, 2026. Going forward, the only avenue available to a third party with a legitimate interest to challenge a trademark application will be a formal opposition, which must be filed within the peremptory 30-day period counted from the publication of the relevant application in the Trademark Gazette.
Third parties Observations were an informal mechanism through which the INPI could take into account third-party comments on a trademark application based on identical or similar marks, even in the absence of a formal opposition (i.e., one filed within the legal deadline).
What Happens to Unmaintained Oppositions?
Another key aspect of the Resolution 139/2026 is the elimination of the automatic conversion of unmaintained oppositions into observations.
Previously, if a third party filed an opposition but failed to pay the required maintenance fee, the opposition was automatically converted into a non-binding “observation.”
Under the new regulation, applicable to trademark applications filed as from March 1, if the opponent does not pay the official fee within 15 business days, it will be deemed to have lost interest, and the trademark application will continue its course.
In practice, while this measure reduces administrative intervention and procedural delays, it also requires more active monitoring of publications, as the only way to challenge third-party applications will be through a formal opposition within the legal deadline.
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