Improved TM Invalidation and Non-Use Cancellation Procedures

Marval O Farrell Mairal | The Argentine Institute of Industrial Property (INPI) issued Resolution 215/2026, published in the Official Gazette on July 6, 2026, which approves modifications to the administrative procedures for trademark invalidation and non-use cancellation actions.

The main changes include:

• Legitimate interest. Both invalidation and non-use cancellation actions filed by third parties will only proceed if the petitioner demonstrates that there is a subjective right or a specific legitimate interest connected with the challenged trademark registration being adversely affected.

• Notification that the file is being reopened electronically. Before serving the complaint, the petitioner must notify the trademark owner, by reliable means, that the action has been initiated. The petitioner must inform the INPI within 60 calendar days that they complied with the notification. Otherwise, the action will be dismissed.

The Resolution also establishes transitional provisions for pending trademark invalidation and non-use cancellation proceedings: the same prior notification must be carried out before the proceedings may continue if the owner of the challenged registration has not yet appeared in the proceedings.

• Invalidation and non-use cancellations within opposition proceedings. The Resolution expressly regulates the procedural stage at which trademark invalidation and non-use cancellation claims should be filed within the administrative opposition proceedings. The opponent may file such claims when ratifying the opposition, while the applicant may do so when replying to the opposition. Exceptionally, if the grounds for invalidation or non-use cancellation arise later in the proceedings, either party may file a separate action until the deadline for submitting final arguments. In such cases, the opposition proceedings will be held in abeyance until a final decision has been issued on the invalidation or non-use cancellation action.

• Reply to new facts and documentary evidence. If the owner of the challenged trademark registration submits new facts or relevant documentary evidence when responding to the action, INPI will grant the petitioner 15 business days to comment exclusively on those matters.

• Deadlines and appeals. The amendments expressly provide that all procedural deadlines are non-extendable, and that requests to inspect the file do not suspend them. Likewise, consistent with the administrative opposition procedure, simple procedural orders and interlocutory decisions the Trademark Office issues during the proceedings are not subject to ordinary appeals. Final decisions may only be reviewed through the direct appeal established in the Trademark Law.