Published November 2, 2026 · Last reviewed November 2, 2026 · Robert H. Thornburg
Introduction
Argentina is South America’s second-largest trademark market and one of the busiest offices in Latin America. In 2024 its National Institute of Industrial Property (Instituto Nacional de la Propiedad Industrial, INPI) received 98,518 trademark class filings, up 17.4% from the prior year, and maintained more than one million registrations in force, according to WIPO’s 2024 country statistics.
U.S. companies are the largest group of foreign filers. In 2024, they filed 3,336 classes in Argentina, 23.2% of all non-resident filings and nearly twice China’s total.
The system is changing quickly:
- Examination reform. INPI Resolution 583/2025, published December 11, 2025, limits INPI’s own examination to absolute grounds. Conflicts with earlier, similar marks are now left to third-party oppositions, and since March 1, 2026, unopposed applications are granted automatically once the opposition period ends.
- Inflation-indexed fees. Since 2026, INPI fees are set in UMAPI (Unidad de Medida Arancelaria de la Propiedad Industrial), a unit adjusted monthly for inflation.
- Trade agreement. Under the U.S.–Argentina Agreement on Reciprocal Trade and Investment, signed February 5, 2026, Argentina committed to submit the Madrid Protocol to its Congress by the end of 2027. As of October 2026 the agreement had not been ratified, and Argentina is still not a Madrid member.
This article explains Argentina’s filing requirements, charts current official fees, reviews U.S. filing activity, and sets out ten key considerations and practical recommendations for U.S. brand owners.
Overview of Trademark Filing Requirements in Argentina
Argentine trademark law is set out in Law 22,362, as amended by Law 27,444 (2018), and its regulations in Decree 242/2019. INPI resolutions govern procedure, notably Resolution 183/2018 (administrative resolution of oppositions) and Resolution 583/2025 (scope and sequence of examination).
| Requirement | Argentina (INPI) |
|---|---|
| How rights arise | First to file: exclusive rights come from registration, although prior users can oppose and seek cancellation in limited cases |
| Use to file | Not required. No proof of use or intent to use is needed to file or register |
| Classes per application | One class per application. Multi-class applications are refused outright, so each class needs its own filing and fee |
| Goods and services | Nice Classification. Up to 20 items per class are covered by the base fee; each additional item costs extra. Claims to “the entire class” or similar wording are refused |
| Applicant information | Name, address, nationality, and legal form; a representation of the mark (word, logo, combined, three-dimensional, sound, or other signs); a list of goods or services; and proof of fee payment |
| Filing format | Electronic, through INPI’s online filing portal (Portal de Trámites) |
| Representation | Foreign applicants act through a registered Argentine trademark agent. Agents may file without a power of attorney but must file it (or ratify the filing) within the term INPI allows; a simple signed power of attorney is generally accepted |
| Priority | 6-month Paris Convention priority from the first foreign filing (such as a U.S. application) |
| Examination (applications filed since March 1, 2026) | INPI examines formalities and absolute grounds only (lack of distinctiveness, descriptive or generic terms, appellations of origin, public order) before publication. It no longer cites similar earlier marks on its own, though it still blocks identical marks for identical goods and protects well-known marks |
| Publication and opposition | Applications are published in the Trademark Bulletin (Boletín de Marcas). Third parties have 30 calendar days to oppose |
| Unopposed applications | Granted automatically once the opposition period expires |
| Opposed applications | The parties have a negotiation period. If the opposition is not withdrawn, the opponent must pay to maintain it, and INPI decides it administratively under Resolution 183/2018. INPI decisions can be appealed to the federal courts |
| Term and renewal | 10 years from grant, renewable indefinitely; renewal may be filed 6 months before or after expiry. Renewal requires that the mark was used in commerce, in any class, during the preceding 5 years |
| Mid-term declaration of use | Due between the 5th and 6th anniversary of grant (Law 22,362, Art. 26). Late filing incurs annual surcharges, and an unfiled declaration creates a presumption of non-use |
| Non-use cancellation | Available against registrations not used for 5 years, decided administratively by INPI |
| Typical timeline | Unopposed applications are now often granted within about 6–12 months. WIPO reported an average registration delay of 300 days for 2024, before the reform |
| Language | Spanish; foreign-language documents need translation |
The 2025–2026 reforms shift responsibility to brand owners. Because INPI no longer cites similar earlier marks, a U.S. company that does not watch the Trademark Bulletin and oppose within 30 days may see a confusingly similar mark registered over its own.
Official INPI Fees: Filing, Prosecution, and Issuance
INPI fees are set in UMAPI units (INPI Resolution 75/2026). The peso value of one UMAPI is updated every month for inflation: it was ARS 412.59 in October 2026 and is scheduled to rise to ARS 420.43 on November 1, 2026. Each procedure always costs the same number of UMAPI, so its peso cost rises gradually; check the current value before paying.
USD figures below are approximate, at about ARS 1,520 per US$1 (Banco Nación and wholesale rates, mid-October 2026).
Filing fees
| Fee (per class) | UMAPI | ARS (Oct. 2026) | Approx. USD |
|---|---|---|---|
| New trademark application, up to 20 items of goods or services | 100 | 41,259 | $27 |
| Each additional item beyond 20 | 4 | 1,650 | $1.10 |
| INPI classification report (optional pre-filing check) | 12 | 4,951 | $3 |
| Classification report from foreign offices | 24 | 9,902 | $7 |
Prosecution and opposition fees
| Fee | UMAPI | ARS (Oct. 2026) | Approx. USD |
|---|---|---|---|
| Response to an office action on formal requirements | 22 | 9,077 | $6 |
| Extension of a deadline | 50 | 20,630 | $14 |
| Ratification of an agent’s filing (when filed without a power of attorney) | 35 | 14,441 | $10 |
| Filing an opposition against a third-party application (per class) | 100 | 41,259 | $27 |
| Opposing a collective mark | 200 | 82,518 | $54 |
| Opponent’s fee to maintain the opposition and open administrative resolution | 500 | 206,295 | $136 |
| Applicant’s fee for administrative resolution of oppositions (Res. 183/18, Art. 2 bis) | 50 | 20,630 | $14 |
| Nullity or non-use cancellation counterclaim filed within an opposition | 333 | 137,392 | $90 |
| Administrative appeal | 78 | 32,182 | $21 |
Issuance and post-registration fees
| Fee | UMAPI | ARS (Oct. 2026) | Approx. USD |
|---|---|---|---|
| Separate registration or issuance fee | None | — | — |
| Mid-term declaration of use (between the 5th and 6th year) | 44 | 18,154 | $12 |
| Late declaration of use (annual surcharge on top of the base fee) | 22 | 9,077 | $6 |
| Renewal (per class, every 10 years) | 200 | 82,518 | $54 |
| Renewal within the grace period | 200 | 82,518 | $54 |
| Partial / total surrender of a registration | 40 / 17 | 16,504 / 7,014 | $11 / $5 |
| Nullity action against a registered mark | 666 | 274,785 | $181 |
| Non-use cancellation action (caducidad) | 666 | 274,785 | $181 |
What this means for budgets
- Government fees are among the lowest in the Americas, about $27 per class to file and nothing extra to register. Over ten years, a one-class mark costs roughly $27 to file, $12 for the declaration of use, and $54 to renew.
- Each class needs its own filing and fee. A five-class portfolio means five applications.
- Attorney fees dominate. Local counsel’s fees for filing, watching, and handling oppositions usually exceed government fees many times over.
- Oppositions now carry the weight. Because INPI no longer cites similar earlier marks, a brand owner’s main cost is watching the Bulletin and opposing (about $27 to file, $136 to maintain) rather than responding to office actions.
U.S. Trademark Filing Activity in Argentina
U.S. companies file more trademarks in Argentina than any other foreign country. Because Argentina allows only one class per application, WIPO’s class counts below equal application counts.
WIPO IP statistical country profile, Argentina 2024 (country of origin of non-resident trademark filings)
Trend since 2020
The year-by-year count of U.S.-origin filings for 2020–2023 is not published in WIPO’s public country profiles. INPI’s statistics portal offers downloadable data on new filings and on the most-requested product and service classes, but it does not publish a country-of-origin breakdown in an accessible form. The verified indicators are:
| Year | Indicator | Figure |
|---|---|---|
| 2020–2024 | Filings by Argentine-resident applicants (WIPO class count, including filings abroad) | 67,988 → 74,804 → 77,154 → 74,476 → 89,125 |
| 2024 | Total INPI filings (all applicants) | 98,518 classes (+17.4%) |
| 2024 | Non-resident filings | 14,600 classes (+5.7%), 14.8% of the total |
| 2024 | U.S.-origin filings | 3,336 classes, 23.2% of non-resident filings |
| 2024 | Registrations granted (all applicants) | 119,907 classes (+19.2%) |
| 2025 | Total INPI filings (all applicants) | More than 110,000 applications reported by INPI (Merca2.0) |
WIPO data also show U.S. applicants reducing their filings abroad by 7.7% worldwide in 2024. Argentina’s 5.7% rise in non-resident filings, led by U.S. companies, therefore stands out. A firm-specific count of U.S. filings in Argentina for each year since 2020 requires a custom query of INPI’s database by applicant country, which local counsel can run.
Goods and services covered
INPI’s most-filed classes in 2024 (WIPO country profile):
| Nice class | Goods or services | Share |
|---|---|---|
| 35 | Advertising, business management, retail services | 15.9% |
| 41 | Education, training, and entertainment | 10.7% |
| 25 | Clothing, footwear, headwear | 6.7% |
| 43 | Restaurant and food and drink services | 4.9% |
| 29–30 | Coffee, tea, and foods | 4.9% |
These shares reflect all applicants, most of them Argentine. The goods and services U.S. owners protect in Argentina track the sectors that dominate U.S. trade with the country, and WIPO identifies research and technology as the leading sector for U.S. trademark applicants worldwide. In practice, U.S. filings concentrate in:
- Technology and software – class 9 (software, apps, electronics), class 38 (telecommunications), and class 42 (SaaS, cloud, and technology services).
- Pharmaceuticals and health – class 5 (drugs, supplements) and class 10 (medical devices).
- Consumer products – class 3 (cosmetics and personal care), class 25 (apparel and footwear), and class 28 (toys and sporting goods).
- Food, beverages, and franchising – classes 29–33 (food and beverages) and class 43 (restaurants).
- Retail, e-commerce, and services – class 35 (retail and online stores), class 36 (financial services), and class 41 (education and entertainment).
What the data show
- U.S. brands lead foreign filing, but the register is mostly domestic. Argentine residents filed about 85% of 2024 filings, so most conflicts U.S. owners face will be with local businesses.
- Chinese filers are the second-largest foreign group (1,769 classes in 2024). U.S. consumer-goods brands should watch for opportunistic filings by manufacturers and distributors.
- Filing volume is growing quickly. Total filings rose 17.4% in 2024 and passed 110,000 applications in 2025, and the post-2025 reforms speed up grants. The register is becoming more crowded at a time when INPI no longer polices similar marks itself.
Ten Key Considerations when Seeking Trademark Protection in Argentina
- Argentina is first to file. Registration, not use, creates exclusive rights. A U.S. brand that sells in Argentina, or simply becomes known there, without registering can lose the name to a distributor, competitor, or opportunistic filer. File before launch, before signing distribution deals, and ideally within six months of the U.S. filing to claim Paris Convention priority.
- There is no Madrid route yet. Argentina has committed to submit the Madrid Protocol to Congress by the end of 2027, but it is not a member today. Every application must be filed nationally through a registered Argentine agent, so budget Argentina separately from Madrid designations.
- Each class needs its own application. Multi-class applications are refused. Plan the class list carefully, file a separate application for each class, and keep each application to 20 items or fewer to avoid extra fees.
- Draft goods and services in precise Spanish. Claims to “the entire class” are refused. Use accepted Nice Classification wording, describe what you actually sell or will sell, and include online retail (class 35) and software-as-a-service (class 42) where relevant.
- INPI no longer protects you from similar marks. Since December 11, 2025, INPI examines only absolute grounds and identical marks. Watching the Trademark Bulletin and opposing within 30 calendar days of publication is now the main way to stop confusingly similar applications.
- Unopposed applications are granted automatically. For applications filed since March 1, 2026, examination happens before publication, and registration follows automatically if no one opposes. This is faster for U.S. applicants, but competitors’ applications move just as quickly, so missing the opposition window has lasting consequences.
- Oppositions follow a set path, with deadlines and fees at each stage. After an opposition, the parties have a negotiation period; if it is not withdrawn, the opponent pays to keep it alive (500 UMAPI), and INPI decides it administratively under Resolution 183/2018, with appeal to the federal courts. Many oppositions settle through coexistence or limitation agreements.
- Use the mark and file the mid-term declaration of use. Between the 5th and 6th year after grant, the owner must declare that the mark is in use. Renewal at year 10 requires use in the preceding five years, and non-use for five years exposes the registration to cancellation. Keep invoices, import records, and advertising for Argentina.
- Inflation-indexed fees change every month. Fees are fixed in UMAPI, and the peso value of a UMAPI is updated monthly. Budget in UMAPI, confirm the current value before paying, and remember that U.S. dollar costs depend on the floating peso.
- Plan for enforcement, customs, and the trade agreement. Record registrations and well-known marks for customs monitoring, use criminal and civil counterfeiting remedies under Law 22,362, and watch for changes the February 2026 U.S.–Argentina trade agreement may bring once ratified, including Madrid accession and stronger anti-counterfeiting measures.
Recommendations for U.S. Brand Owners
Before filing
- Run an Argentine clearance search for each class, including Spanish-language equivalents, phonetic variations, and design elements. INPI will no longer flag similar marks for you, so problems you don’t find yourself will surface only as oppositions later.
- Choose classes based on business plans for the next five years, including online retail, licensing, franchising, and services. Each class is a separate filing, but at about $27 per class the government fees are modest.
- Coordinate with your U.S. filing date to claim six-month Paris Convention priority, and file before any distributor, licensee, or manufacturer agreement is signed.
During prosecution
- Appoint a registered Argentine trademark agent and provide a signed power of attorney promptly to avoid ratification fees and missed deadlines.
- Set up watching of the Trademark Bulletin (Boletín de Marcas) for your marks and key terms, and oppose within the 30-day window. Watching costs little compared with a later nullity action (666 UMAPI, about $181 in fees alone, plus litigation).
- Respond to oppositions strategically. Use the negotiation period to reach coexistence or limitation agreements where business risk is low, and pay to defend the application administratively where the mark is core.
After registration
- Docket the mid-term declaration of use (between the 5th and 6th year) and the 10-year renewal for each class, and keep dated proof of use in Argentina.
- Record licenses and require distributors to use the mark correctly, with IP ownership and assignment clauses in every distribution, franchise, and manufacturing agreement.
- Monitor the Madrid Protocol accession. Once Argentina joins, U.S. owners will be able to designate Argentina in international registrations, but existing national registrations will remain the foundation of their rights.
Overall benefits of registration in Argentina
| Benefit | Why it matters for U.S. brands |
|---|---|
| Exclusive nationwide rights | In a first-to-file system, registration is the only reliable basis for ownership and enforcement |
| Low government fees | About $27 per class to file and no issuance fee, making Argentina one of the least expensive major markets to protect |
| Faster grants after the reforms | Unopposed applications are now granted automatically after a 30-day opposition period |
| Standing to oppose and cancel | A registration supports oppositions, nullity actions, and non-use cancellations against conflicting marks |
| Anti-counterfeiting tools | Registration supports customs monitoring and civil and criminal actions against counterfeiters |
| Licensing and investment value | Registered marks can be licensed, franchised, assigned, and valued in transactions |
| Regional gateway | Argentina is a founding Mercosur member; a strong Argentine position supports expansion into Uruguay, Paraguay, and Brazil |
| Readiness for future reforms | Owners with registrations in place will benefit most from Madrid accession and stronger enforcement under the U.S.–Argentina trade agreement |
Conclusion
Argentina offers U.S. brand owners a large, fast-growing market with low government fees and, since the 2025–2026 reforms, a quicker path to registration. It is also a first-to-file, one-class-per-application system in which INPI no longer polices similar marks itself. U.S. companies, already Argentina’s largest foreign filers, should file early, watch the Trademark Bulletin, oppose within 30 days, and maintain proof of use to protect their position.
If you are planning to enter or expand in Argentina, contact our office at [email protected] to coordinate clearance, filing, watching, and enforcement with trusted local counsel.
This article is general information, not legal advice, and reflects the law as of the date it was last reviewed. Reading it or contacting us does not create an attorney-client relationship. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.