The National Institute of Industrial Property (INPI) issued Resolution No. 583/2025, published in the Official Gazette on December 11, 2025, introducing significant changes to the trademark registration procedure in Argentina. As of that date, the examination of new trademark applications is limited exclusively to absolute grounds for refusal and issues related to public order. Relative grounds—such as possible conflicts with prior similar trademarks—will no longer be examined ex officio by the INPI and may only be raised by third parties through the opposition system. Furthermore, as from March 1, 2026, formal and registrability examinations will be conducted after filing and prior to publication, unlike the current system, under which the registrability examination takes place after publication. Once the publication period has expired, the INPI will grant those applications that have not received third-party oppositions. The timely filing of oppositions is therefore crucial for the adequate protection of trademark rights, since the INPI will no longer assess potential conflicts with prior similar trademarks.        

  On August 19, 2025, the 45th International Congress organized by the Brazilian Intellectual Property Association (ABPI) was held in the city of São Paulo, Brazil. It is the largest event of its kind in Latin America. The program’s theme was “Collaboration in the Age of Intelligence”, reflecting ABPI’s interest in addressing the challenges posed by Artificial Intelligence and other emerging technologies. Dr. Diego Laurini participated on behalf of our firm together with representatives from Intellectual Property firms and companies from Brazil and abroad.        

  Division II of the Federal Court of Appeals in Civil and Commercial Matters of the city of Buenos Aires has upheld the Trademark Office’s decision in re: Baliarda S.A. v. Eurofarma Argentina S.A.   In its decision on February 18, 2025, the court rejected the opposition filed against the trademark application for CLORAMIL in Class 5, emphasizing the recent implementation of electronic prescriptions, which would reduce errors related to difficulties in reading doctors’ handwritten prescriptions.   Baliarda requested that the Trademark Office dismiss the opposition filed by Eurofarma Argentina, owner of trademarks CLONAGIN and CLONALGIN in Class 5, against the CLORAMIL application inthe same class.   The Trademark Office rejected the opposition on May 2, 2023, stating that Eurofarma Argentina had not proved any risk of confusion. It pointed out that the marks were not confusingly similar and emphasized the control over the sale of the opponent’s CLONAGIN drug used in psychiatry because it could only be dispensed with a prescription. As a result, it concluded that there was no reasonable risk of confusion among pharmaceutical professionals.   Eurofarma Argentina appealed, arguing that the poor handwriting of doctors made it wrong to assume that sales with a prescription would prevent confusion.   The Federal Court of Appeals held that as of January 1, 2025, only electronic prescriptions would be valid, explaining that this change would minimize the risks of errors associated with paperprescriptions, such as difficulties in reading doctors’ handwriting. It also emphasized that electronic prescriptions would ensure that patients received the correct medication safely and in accordance with standards of good practice.   This decision marks a shift from previous rulings, which argued that doctors’ handwriting in paper prescriptions could be hard to read, even for experienced pharmacists, potentially causing trademark confusion.   Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest. Law & Practice updates are published without comment from INTA except where it has taken an official position.     © 2025 International Trademark Association                              

From May 17 to 21, 2025, our partner Dr. Diego Laurini, represented GTL at the 147th Annual Meeting of the International Trademark Association (INTA), held in San Diego, California. Under the theme “The Business of IP,” the event brought together over 10,000 participants, including IP professionals, business leaders, government officials, judges, NGOs, and solutions providers from around the globe. The program featured more than fifty educational sessions across three main tracks: Law and Policy, Business and Technology, and Professional Development and Career Advancement, along with exceptional networking and business development opportunities. Our presence at this leading global IP event reaffirms GTL’s commitment to professional excellence and staying at the forefront of legal and strategic developments in the IP field.        

At its Annual Meeting held in May 2025 in San Diego, USA, and in response to the increasing availability and accessibility of AI tools, the International Trademark Association (INTA) announced the adoption of an initial set of guiding principles for policy-making aimed at balancing innovation and the protection of intellectual property rights: Recognition of Human Contributions: Applicable regulations must clearly distinguish between contributions made by individuals and those by AI-generated systems, to ensure that human creativity is fairly compensated.  Human Oversight in IP Decisions: Final decisions regarding the registration, protection, validity, or cancellation of IP rights must involve human oversight. While AI can be used to reduce errors in judicial or administrative systems, final decisions must be made by humans. Transparency and Consumer Trust: Transparency in the use of AI in creating products, services, and content is essential. Consumers must have access to information on the use of AI and the identity of the responsible party, particularly when there is a significant legal impact or potential harm. Protection of Confidential Information: While transparency is important, it must be in line with the need to protect trade secrets and confidential information. This initiative reflects INTA’s commitment to making policies in connection with AI.                        

The Metaverse poses a new challenge to Intellectual Property. It is essential to register trademarks as soon as possible in classes of virtual goods and services in order to have proper protection and avoid third-party registration. The Metaverse is a game changer within the technology industry. It is a "virtual environment" -instead of a screen- where people can access to meet for work or make a purchase, among other things, without leaving their homes and interacting by means of "avatars." The field of Intellectual Property, as was the case with the advent of the Internet, is presented with new challenges which are mainly due to the territorial validity of Trademarks, Patents, Designs, and Industrial Models. Some well-known companies believe their presence in this new virtual environment is essential and have begun to register their trademarks in specific areas such as class 09 (downloadable virtual products, mainly computer programs), class 35 (commercial services with virtual products), class 36 (services including digital tokens), class 41 (virtual entertainment and education services) and class 42 (software development and consultancy for virtual environments). It is extremely important that trademark owners conduct a review of classes and coverage so as to have appropriate trademark protection in this new virtual world. At GTL we are here to help and provide you with specific advice on this matter.                            

In Argentina it is possible to register trademarks at Customs through the “Alert System”. This system is an effective tool to control the import of counterfeit products as well as parallel import by unauthorized distributors. Once entry is detected, Customs blocks the procedure for three (3) working days and notifies the trademark holder registered in the system to be able to exercise their rights. Only registered trademarks can be recorded at Customs. The registration is valid for two years, renewable for equal periods, and does not require the payment of official fees. Contact us, we are available if you wish to use this system to control the entry of products that may be an infringement of your trademarks.                                

The Argentine Trademark Office (TMO) issued Provision No. DI-2024-141-APN-DNM#lNPl on April 19, 2024, allowing refusals, at any stage of the proceedings, for the registration of highly or manifestly offensive terms as well as words or names that have passed into general use or are related to celebrities. The provision became effective on April 25, 2024. Further to Argentine Trademark Law 22.362, a legitimate interest is needed for owning a trademark registration. Moreover, names, words, signs, and advertising slogans that have passed into general use before the application filing date or are contrary to morals and good customs may not be registered. The trademark procedure comprises three general stages-formal examination, publication, and substantive examination. According to the new provision, the TMO may refuse trademark applicationsat any stage of the proceedings, giving prior notice to the applicant, on these newly defined grounds. At the same time, the applicant may request the TMO to reconsider the decision within 45 days of receiving formal notice. Some third-party trademark applications considered contrary to morals and good customs have already been subject to early refusal-for example, the iconic FIFA WORLD CUP QATAR 2022 phrase uttered by Lionel Messi: QUE MIRA BoBo, ANDA PA ALLA. The new provision stipulates a regulatory framework to accelerate the refusal process, which previously could only occur during a lengthy substantive examination, which could take from 1O to 12 months from the application filing date. Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on mattersof specific concern or interest. Law & Practice updates are published without comment from INTA except where it has taken anofficial position. ©2024 International Trademark Association                            

The 38th Annual Industrial Property Conference organized by the Argentine Association of Industrial Property Agents (AAAPI) was held in the city of Buenos Aires on August 6th, 2024. Dr. Diego Laurini attended on behalf of our firm along with representatives of Intellectual Property Law Firms and companies from Argentina and abroad.