In brief
The Argentine Trademark Office (TMO) has introduced Resolution P-583/2025 changing the examination of trademark applications. As of 1 March 2026, the TMO will limit its review strictly to absolute grounds for refusal and matters of public order. Relative grounds—such as similarity with prior marks or likelihood of confusion—will no longer be examined ex officio; they will only be addressed if raised through a third‑party opposition or cancellation action.
The examination will now occur immediately after filing and before publication, which will be limited to one day. If no opposition is filed within 30 days and no absolute-ground objections remain, the registration will be granted. This shift requires trademark owners to monitor filings proactively and oppose potentially conflicting applications.
In more detail
The TMO has issued a new resolution introducing substantial changes to how trademark applications are examined and processed. Under the revised system, the TMO will limit its examination to absolute prohibitions and matters of public order. Relative grounds for refusal—such as similarity with prior trademarks, names or pseudonyms, and likelihood of confusion, as provided in Section 3, b), d), h), and i)—will no longer be reviewed ex officio. These grounds will only be assessed if raised by third parties through an opposition or, where applicable, a cancellation action.
Effective 1 March 2026, the examination timeline will also change significantly. The TMO will conduct the formal and substantive registrability examination immediately upon filing, and before publication for opposition purposes. If the application passes this stage—or if any observations are adequately remedied—it will be published for one day only for the filing of oppositions. If no opposition is filed within the ensuing 30-day term and no absolute ground objections remain, the trademark will be automatically granted. In cases where an opposition is filed, the procedure set forth in Resolution P 183/18 will apply, including the maintenance of the opposition and the initiation of the corresponding administrative lawsuit.
This resolution represents a major shift in Argentina’s trademark registration framework, as the TMO will no longer intervene on relative grounds or protect earlier rights on its own initiative. The burden of identifying potentially conflicting applications now rests with trademark owners. As a result, rights holders must implement proactive monitoring strategies to detect newly filed applications, since timely oppositions will be essential to prevent the registration of confusingly similar marks. In practical terms, active surveillance of filings becomes critical to preserving trademark rights in the jurisdiction.
The amendments introduce several key changes: the TMO will now examine only absolute grounds for refusal, such as lack of distinctiveness or public order issues; formal and substantive examination will take place immediately after filing; and relative grounds will only be assessed if a third party raises them through opposition. Applications will be published for a single day once all observations are cleared, and absent oppositions or absolute ground objections, they will be automatically granted after the 30-day opposition period. Registration will be suspended only when oppositions are filed, triggering the applicable administrative procedure. Additionally, pending applications—regardless of their current stage—will now be reviewed solely on absolute grounds and matters of public interest.
Ana Paula Gallardo, Associate, contributed to this alert.
Download the Spanish version of Argentina: New Examination Procedure.