How to register a trademark in Argentina: the complete guide

1. What a trademark is

In its simplest form, a trademark is a word, a logo, a slogan, or any sign that distinguishes your products or services from those of your competitors. You interact with trademarks all day long: the name of your phone, the app you open, the label on your clothes. Each of those signs can be — or should be — registered with the competent authority.

In Argentina, the Trademark and Trade Names Law (No. 22,362) defines a trademark as any sign capable of distinguishing products or services. The INPI (Instituto Nacional de la Propiedad Industrial, the National Institute of Industrial Property) is the agency that administers registration at the federal level.

Legally, a trademark is an identifier of origin: it allows consumers to associate a product or service with whoever produces or markets it. It is an intangible asset — you can’t hold it in your hand — but it forms part of your company’s assets together with patents, industrial designs, and copyright.

2. The most common types of trademarks

Argentine law admits different kinds of distinctive signs. These are the ones we see most often in practice:

Names (word marks)

The word or name without a design: the name of your brand, product, or service. To be registrable it must be distinctive — the public must link it to your offering and not to a generic category.

Logos (figurative marks)

The symbol, icon, or image without words. It protects the visual form even if you change the trade name in the future.

Composite (mixed) marks

A combination of name and design in a single application. Useful when both elements are always used together, although the protection of each component on its own has nuances worth evaluating with an agent.

Slogans and advertising phrases

Expressions that accompany brand communication (“Just Do It”, “It’s a pleasure to serve you”). They must meet distinctiveness requirements; purely descriptive phrases are usually hard to register.

Sounds, colors, and three-dimensional shapes

Less frequent, but recognized: a distinctive jingle, a color established in the marketplace, or the characteristic shape of a container. They require proof that the public associates them with your brand.

3. How to choose a strong trademark

Not all trademarks enjoy the same level of protection. There is a scale of distinctiveness, from strongest to weakest:

Arbitrary and fanciful (maximum protection)

Words unrelated to the line of business (“Apple” for computers) or invented terms (“Mercado Libre”, “Rolex”). They are the easiest to register and defend.

Suggestive

They allude to the product without describing it directly. The consumer makes a small mental effort to connect the sign with the service. A good balance between creativity and registrability.

Descriptive

They describe qualities, origin, or function (“Artisan Bakery” for a bread shop). As a rule the INPI refuses them unless there is proof of intensive use that has created acquired distinctiveness in the marketplace.

Generic

The common name of the product or service (“Cola” for a soft drink). They cannot be registered: they belong to everyone’s language.

Beyond distinctiveness, check that there are no identical or similar trademarks in your line of business. A prior-rights search before investing in a visual identity saves you a costly rebranding. See our registered trademark search.

4. Registration vs. use in the marketplace

In Argentina, two levels of protection for distinctive signs coexist: the trade name, protected through actual use in a territory, and the national trademark registration with the INPI.

Trade name (protection through local use)

The trade name (Law No. 22,362, section 27; Civil and Commercial Code, section 151) protects the name under which you carry on an activity within a given territory — in practice, at the provincial level. Whoever uses it in a real, continuous, and public way can oppose third parties within that territory, even without a trademark registration. But they must prove the use, its duration, and local recognition: a far more demanding burden of proof than producing an INPI certificate.

Trademark registration with the INPI

Trademark registration grants a presumption of ownership and validity throughout the entire national territory. You appear in the INPI’s public register, you can use ® where appropriate, license with clarity, and take action against infringers on much stronger evidentiary footing.

Do I need to register before selling?

There is no legal obligation to register before you start selling. But if your brand grows, you invest in advertising, or you are thinking about franchising, registration should be an early priority. Finding out late that a competitor registered a similar sign forces you to change your name after you have already built a reputation.

5. National and international trademarks

A registration with the INPI protects you only in Argentina. If you export, have a regional presence, or fear counterfeits from abroad, you need an international strategy.

Madrid Protocol

Argentina has not yet joined the Madrid Protocol: the Executive Branch is preparing to send the treaty to Congress, but today an Argentine trademark cannot be used as the basis for an international application. To protect your trademark abroad you must file in each country or region of interest (for example, the European Union trademark), and you can claim the priority of your Argentine application if you file within 6 months (Paris Convention).

Direct filings in each country

For a few key markets, it is sometimes better to file directly through local agents. It does not depend on the outcome of the Argentine procedure and lets you adapt classes and wording to each jurisdiction.

The choice depends on your business plan: Mercosur, exports to the U.S. or Europe, global e-commerce. At Eguía we design territorial protection strategies aligned with your expansion.

6. Why register your trademark

Registration is not an incidental bureaucratic formality: it is the foundation of the protection of your commercial identity.

• Public notice of your right — Anyone who searches the INPI register finds your trademark. It deters imitators before they invest in a conflicting name.
• Legal presumption — You are presumed to be the legitimate owner and the sign is presumed valid. In a dispute, whoever challenges you bears the burden of proof.
• Nationwide scope — A single procedure covers the entire country, with no need to prove provincial use.
• Business assets — Investors, franchisors, and buyers evaluate IP portfolios. A registered trademark adds value and makes license agreements easier.
• Active defense — You can oppose third-party applications, bring unfair competition actions, and work with customs in cases of counterfeit imports.

7. IP agent or filing on your own?

You can file an application yourself on the INPI’s portal. Many entrepreneurs try. But the procedure has technical requirements that lead to office actions, abandoned applications, and loss of priority.

Risks of filing without advice

• Incorrect description of products and services according to the official Nice list.
• Too few or too many classes — you overpay or end up unprotected.
• Failing to answer INPI office actions on time, leading to abandonment of the file.
• Missing conflicting prior rights that a prior search would have detected.

What an industrial property agent brings

• Prior-rights search — A risk report before paying fees.
• Technical drafting — Classes, products, and representation of the sign in line with regulations.
• Follow-up — Office actions, oppositions, publication and grant deadlines.
• Defense — Responses to substantive office actions and representation in oppositions.

Law No. 22,362 provides for the involvement of registered agents for those who prefer to delegate the procedure. Fixing mistakes afterwards usually costs more than doing it right from the start.

8. Costs and INPI fees

The total cost has two components: official fees and professional fees if you hire a firm.

INPI fees

Fees are calculated per Nice class: each class you include in your application generates a filing fee. If you correct or expand the list of products later, additional fees may apply. Amounts are updated periodically — check the current fee schedule at inpi.gob.ar.

Professional fees

They vary with complexity, number of classes, and whether they include search, watch, and defense in oppositions. Be wary of “too cheap” rates that include neither a search nor responses to office actions.

The cost of not registering

Forced rebranding, litigation from a weak position, loss of positioning in search engines and social media, inability to stop fraudulent imports. In most cases, registering early is cheaper than fixing things late.

9. INPI procedure timelines

Trademark registration in Argentina is not instantaneous. Under normal conditions, 8 to 18 months pass between filing and the grant of the certificate. Oppositions, office actions, or corrections to the list extend the calendar.

The filing date sets your priority: even if the grant comes a year later, your right dates back to the day of the application vis-à-vis third parties who later try to register similar signs.

• Filing — Online start, payment of fees, file number.
• Formal and substantive examination — The INPI verifies requirements and distinctiveness. It may issue office actions that you must answer.
• Publication — 30 calendar days in the Trademark Gazette for oppositions.
• Grant — Registration certificate for 10 years if there is no successful opposition.

10. Decisions before filing

Owner of the registration

Decide whether you will register in the name of an individual or a company (SA, SRL, SAS). Ideally, the owner should be whoever exploits the trademark commercially. Changing ownership later requires an assignment procedure with additional costs.

Products and services

A trademark does not protect “everything”. It only covers what you describe in the application, classified under Nice. “Clothing” is not enough: you must list garments according to the official list. The “Dove” trademark coexists in different classes: soaps and chocolates, different owners.

Word, figurative, or composite

You can register the name alone, the logo alone, or both together. Registering them separately usually gives more flexibility if you update the logo in the future. Registering a composite mark protects the exact combination filed.

Prior search

Before paying fees, check the INPI register and the marketplace. A professional report includes phonetic variants, pending trademarks, and an assessment of the likelihood of confusion.

11. How to register a trademark with the INPI, step by step

1. Prior-rights searchCheck for identical or similar trademarks in the classes you are interested in. The INPI’s public search tool is a first step; a professional report deepens the analysis.
2. Defining classes and the listSelect the Nice classes and draft the products/services with technical precision according to the official classification.
3. Filing the applicationOnline filing on the INPI portal with the applicant’s details, graphic representation of the sign, classes, and payment of fees.
4. INPI examinationReview of formal requirements and distinctiveness. If there are office actions, file a response within the deadline.
5. Publication in the Gazette30 calendar days for third parties to file an opposition.
6. Grant of the certificateWith no opposition — or after winning the dispute — the INPI grants the registration for 10 years. You can now use ® under legal conditions.

12. Nice Classification and classes

Argentina adopts the International Nice Classification, with 45 classes: 34 for goods (classes 1 to 34) and 11 for services (classes 35 to 45).

Choosing the right classes is strategic: you protect where you operate today and where you plan to grow. Class 25 (clothing), class 35 (advertising and retail), class 42 (technology services), and class 43 (restaurants) are common, but it depends on your actual activity.

Each additional class means an INPI fee and separate maintenance. Neither too narrow — leaving gaps — nor excessively broad — paying for sectors where you don’t compete.

Read more in Nice classes: which class applies to your trademark (in Spanish).

13. Third-party oppositions

Once your application is published, any third party with a legitimate interest has 30 calendar days to oppose it if they believe your trademark harms their prior rights (confusion, reputation, bad faith).

An opposition opens adversarial proceedings: charges, documentary evidence, arguments. It can be resolved through an agreement between the parties, a withdrawal, or an INPI decision for or against your registration.

If you own an earlier trademark and detect a conflicting application, you can also file an opposition. Watching publications is key to not missing deadlines.

More details in Trademark opposition: what to do if your application is opposed (in Spanish).

14. Renewal every 10 years

A trademark registration in Argentina lasts 10 years from the date of grant. Once that term expires, you can renew it for equal 10-year periods, indefinitely, as long as the trademark remains in commercial use.

Renewal is processed before the INPI with a fee per class. Missing the deadline — even with limited grace periods — can lead to the lapse of the registration and leave your sign exposed to third-party registrations.

It is wise to calendar expiration dates at least six months in advance. At Eguía we manage renewals and reminders for trademark portfolios.

Also read: Trademark renewal: don’t lose your registration (in Spanish).

15. After registration: maintenance and watch

Once the certificate is granted, your responsibility does not end. The trademark stays alive through actual use in the marketplace and through defensive action.

Periodic renewals

Every 10 years, renewal per class before the INPI.

Keeping details up to date

Keep the legal address, representative, and ownership up to date in the file.

Market watch

Monitor new applications in the Gazette, unauthorized use on social media, e-commerce, and imports. You can oppose conflicting registrations, send formal notices, or bring court actions for unfair competition.

Correct use of the sign

Use the trademark exactly as registered. Substantial changes may require a new application. Use ® only once the certificate has been granted.

16. Common mistakes when registering

• Registering too late — You invest in an identity before checking availability.
• Poorly chosen classes — Insufficient protection or unnecessary fees.
• Confusing a trademark with the tax authority’s business name — They are different concepts before different agencies.
• Ignoring oppositions — Missing the 30-day deadline is irreversible.
• Not answering INPI office actions — The application lapses through abandonment.
• Using ® before the grant — It is misleading and can lead to penalties.
• Forgetting the renewal — You lose an asset built over years.

17. Frequently asked questions