INPI Updates Administrative Procedures for Trademark Invalidity and Cancellation Proceedings

By Estudio Chaloupka

The National Institute of Industrial Property (INPI) of Argentina has approved new regulations governing administrative proceedings for the invalidation of trademark registrations and the total or partial cancellation of trademarks due to non-use. The new rules aim to streamline procedures, improve predictability, and strengthen legal certainty within the trademark system.

The changes were introduced through Resolution No. 215/2026, which replaces the previous regulations applicable to these proceedings and incorporates new versions of Annexes III and IV of Resolution INPI No. P-183/2018. The measure applies to trademark invalidity and cancellation requests initiated after its entry into force.

Among the modifications, the new framework establishes that applicants seeking the invalidation or cancellation of a trademark must demonstrate a subjective right or a specific legitimate interest connected to the challenged registration. The regulation also introduces provisions regarding notifications to trademark owners, particularly in cases involving archived files, and clarifies how invalidity and cancellation claims may be raised within trademark opposition proceedings.

The updated procedures are part of a broader review of administrative processes carried out by the INPI to adapt trademark proceedings to criteria of efficiency, procedural simplicity, and legal certainty. Under Argentina’s trademark legislation, the agency has administrative authority to resolve certain disputes involving registered trademarks, including cases where a registration was granted in violation of legal requirements and cases involving non-use cancellation.

Regarding cancellation for non-use, the regulation maintains the possibility of requesting the total or partial cancellation of a trademark when the requirements established by law are met. The updated rules specify procedural aspects for these claims and define the conditions under which parties may initiate proceedings before the administrative authority.

The new regulations replace the framework introduced in 2019, when the INPI first established administrative procedures for trademark invalidity and cancellation proceedings following legislative changes that expanded the institute’s authority in this area.

The reform affects the management of trademark disputes in Argentina by modifying the procedural mechanisms available to rights holders, applicants, and third parties with a legitimate interest in challenging existing registrations.