Argentina (AR) — civil law.
Nothing on this page describes United States practice. There is no certificate sold to an investor, no administrative sale of land for unpaid tax, and no redemption window after a
subasta judicialin Argentina. If you arrived carrying US assumptions, read falsos-amigos first.
Marcas y propiedad intelectual
An Argentine marca is property created by the register. “La propiedad de una marca y
la exclusividad de uso se obtienen con su registro”
(Ley 22.362 art. 4).
The register is kept by the INPI, the autonomous body created by
Ley 24.481 art. 90 as the enforcement authority for Ley 22.362. A registration lasts
ten years. It is renewable indefinitely only if the mark was used within the five
years before each expiry, in selling a product, providing a service or naming an activity
(art. 5). A transfer counts against third parties only once INPI records it (art. 6).
And “la cesión o venta del fondo de comercio comprende la de la marca, salvo estipulación
en contrario” (art. 7). Courts do sell marks: on 16 October 2026 the CSJN’s national
portal was running auctions of single trademarks out of quiebras. One was “THE
NOTORIOUS HOT CLUB” (class 41) with a reserve of ARS 100,000. A trio from the
Euromayor bankruptcy each had a reserve of ARS 400,000. Two wine-trade marks were offered
in dollars (both closed on 9 October 2026 with no bids). A trademark is cheap to buy and cheap to lose. Unused marks can be struck
off for non-use over the prior five years (art. 26). The owner must also file a
sworn declaration of use between the fifth and sixth year (art. 26). And a mark
belonging to a business that stopped trading years before the quiebra may have nothing
left to renew. Patents are worse: 20 years from filing, never extended, and they lapse
if the annual fees go unpaid beyond a 180-day grace period
(Ley 24.481 arts. 35, 62).
Unpaid fees are routine in a bankrupt estate.
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