While your application is published in the Trademark Gazette, third parties can oppose it. Learn about the deadlines, your defense options, and how a trademark agent can represent you before the INPI (Argentina’s National Institute of Industrial Property).
What a trademark opposition is and what deadlines you have
When you start the process of registering a trademark in Argentina, the application is published in the INPI’s Gazette, and any third party who considers itself affected can oppose it within the legal deadline.
The opposition halts the grant until it is resolved.
The usual ways forward are:
- Negotiate with the opposing party through coexistence agreements or a limitation of the goods.
- Rebut the opposition by showing that there is no likelihood of confusion between the trademarks.
- Amend the application.
Choosing the right strategy determines whether your trademark goes forward.
How the opposition system works in Argentina
The procedure is set out in Trademark Law No. 22,362 and, since 2018, oppositions have been decided by the INPI itself at the administrative level. These are the questions we receive most often.
Who can file an opposition, and on what grounds?
Any third party who believes it has a legitimate interest. Typically, the opposing party argues that the applied-for trademark is identical or similar to its own and may cause confusion, or that it harms its trademark in some other way.
The stages, step by step
- Publication: the application is published in the Trademark Gazette, and the 30-calendar-day period for filing oppositions begins to run.
- Notification and negotiation: if an opposition is filed, the INPI notifies both parties, who have 3 months to settle it amicably. During that time, the applicant seeks to have the opposing party withdraw the opposition or to reach an agreement.
- Ratification: if there is no agreement, the INPI requires the opposing party, within 15 business days, to ratify the opposition, expand on its grounds, offer evidence, and pay the corresponding fee. If the fee is not paid, the opposition is automatically dismissed.
- Defense: once the opposition has been ratified, the applicant has 15 business days to answer it and offer its own evidence.
- Final arguments and decision: the parties then have 10 business days to submit their final arguments, and the INPI’s Trademark Directorate decides whether or not the opposition is well founded.
Can the INPI’s decision be appealed?
Yes. The appeal must be filed within 30 business days of notification of the decision, before the National Court of Appeals in Civil and Commercial Federal Matters of the City of Buenos Aires.
Do I need an industrial property agent?
Yes. To take part in opposition proceedings, the INPI requires representation by a professional (Resolutions 183/2018 and 164/2021). Having specialists on your side from day one also helps you avoid missing deadlines.
Two real cases that show how it plays out: the opposition to the Messi trademark and the “twin” of the OFF repellent.
We also work on the other side
Watching and opposing third-party trademarks.
If someone tries to register a trademark confusingly similar to yours, you have a short window from publication to oppose it.
We offer a trademark watch service: we monitor the Gazette and alert you to any application that threatens your registration.
A trademark that is not defended gets diluted.
Cases we handle
From out-of-court negotiation to trademark litigation: trademark defense has stages, and each one has its own deadlines and strategy.
Tell our intellectual property attorneys about your case and we will tell you how to proceed.
Oppositions received and responses
We analyze the opposition, define the strategy, and respond within the legal deadline.
Negotiating coexistence agreements
Agreements that define goods, territories, or ways of use so that both trademarks can coexist without confusion.
Oppositions against third-party applications
If a trademark confusingly similar to yours is published, we oppose it within the legal window.
Office actions, refusals, and appeals
We respond to INPI office actions and appeal refused applications.
Trademark infringement and misuse
Formal demand letters and cease-and-desist actions against anyone using your trademark without authorization.
Frequently asked questions about oppositions
How much time do I have to respond to an opposition?
From notification, you have 3 months to negotiate with the opposing party. If there is no agreement and the opposing party ratifies the opposition, you have 15 business days to answer it and offer evidence. We confirm the exact deadlines when we review your file.
If, on the other hand, you are the one who wants to oppose someone else’s trademark, the deadline is 30 calendar days from its publication in the Trademark Gazette.
Once a deadline has passed, the application may be lost. That is why we treat these inquiries as urgent.
Are most oppositions lost?
Not necessarily.
Many are resolved through negotiation or rebutted with a sound likelihood-of-confusion analysis; the outcome depends on the strength of each trademark and on the strategy.
The costliest mistake is to give up without evaluating your options.
What is a coexistence agreement?
An agreement in which both parties define goods, territories, or ways of use so that the two trademarks can coexist without confusion.
Well drafted, it saves the trademark without litigation.
Don’t let the deadline pass
Your inquiry will be handled as a priority.
