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.
Ley 22.362 — Marcas y Designaciones
Ley 22.362 is the national trademark law. Its enforcement authority is the
INPI (Ley 24.481 art. 90). It was substantially amended by Ley
27.444 (BO 18 June 2018), which moved oppositions, nullity and caducidad into an
administrative procedure at INPI with direct appeal to the federal civil and commercial
appeals court. Six rules decide what an auction buyer gets. Ownership arises only by
registration (art. 4). A registration lasts ten years and renews only if the mark
was used in the prior five (art. 5). A transfer binds third parties only once INPI
records it (art. 6). The sale of a fondo de comercio carries the mark unless
excluded (art. 7). Co-owners must act jointly to transfer or renew (art. 9). And a
mark can be struck off for non-use over the five years before a request (art. 26), with
a sworn use declaration due between the fifth and sixth year after grant. Two
InfoLEG notes record 2025–2026 INPI changes to examination. Resolución INPI 583/2025
(BO 11/12/2025) limits ex officio examination of new applications to absolute and
public-order grounds, leaving art. 3 incs. b, d, h and i to third-party challenge. It also
reorders the art. 10 ff. procedure from 1 March 2026. For buying, licensing and the live
CSJN-portal trademark auctions, see marcas-y-propiedad-intelectual.
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