by María Aurora GarcíaSimplification of the trademark system: an opportunity for business and investment in Argentina
In the professional practice of trademark law, we emphasize this in every consultation with entrepreneurs, SMEs, and large companies: trademark protection is essential to any business strategy. Trademarks identify and differentiate products and services in the market, and adequate protection is key to guaranteeing ownership and taking action against third-party infringers, thereby safeguarding the investment made. Ideally, any improvement in the trademark registration system should have a positive impact on business development and, therefore, on the real economy.
In this context, and in line with the government’s policy of deregulation and administrative modernization, a significant step was taken last week to streamline and make the trademark registration process more efficient through the implementation of Resolution 583/2025 by the National Institute of Industrial Property (AR PTO).
Until now, a trademark registration process—if it encountered no obstacles during processing—could take approximately eight months. Although this was significantly less time than in previous years, it was still not in line with the dynamics that the business world requires to launch products or services on the market. This process included an analysis of registrability based on the various criteria set forth in the Trademark Law, including the possible existence of conflicts with similar trademark signs.
Now, the role of the AR PTO takes on a different configuration: it will limit the examination of new trademark applications to evaluating only absolute prohibitions—mainly absolute grounds for non-registrability due to the sign’s lack of distinctiveness—and those related to public order. Conflicts between similar trademarks are subject to claims by third parties who believe that a trademark for which registration has been requested is similar to or likely to be confused with theirs, in which case they must file an opposition to such registration. Once the examination has been carried out and the 30-day period from the publication of the trademark application in the Official Gazette has expired, if no oppositions have been filed against the trademark, it will be granted.
The recitals of this Resolution establish the key to this new approach, which aims to promote “investment, innovation, competitive differentiation, and job creation throughout the national territory,” making it clear that it is the owner of a trademark right “who must decide whether or not to defend it against possible infringements” through oppositions, invalidity and/or non-use cancellation actions.
This new criterion brings Argentina closer to the most relevant trademark systems at the international level, especially that of the European Union. A predictable, modern trademark system aligned with international standards brings order to the market and fosters investment and economic development.