Further Procedural Changes at the INPI: Trademark Nullity and Cancellation Proceedings

As we anticipated, further changes were not long in coming: Resolution No. 215/2026 approved a new regulation for administrative nullity and non-use cancellation proceedings for trademarks, fully replacing the previous one, and continuing the trend toward more agile and efficient processes.

The main amendments are as follows:

Party-initiated cancellations and nullities

Standing to sue

Actions may be brought by anyone who invokes and demonstrates an impairment of a subjective right, as before, and a new ground is added: anyone with a concrete legitimate interest linked to the challenged registration. This opens a broader range of claimants, because it is no longer necessary to be the registered owner of the mark; the action may be brought in another capacity, for example as a licensee.

Notice to the owner

If the file in question has been archived — registrations more than six months old — the party bringing the action must request its reactivation, notify the owner by reliable means within 60 days of that request, and prove such notice in the file, in order to safeguard the right of defence.

Procedural timing for raising the claim

Given the previous legal gap, the new regulation provides that cancellations and nullities within the administrative proceeding must be raised when confirming the opposition, for the opponent, and when responding to service of the confirmation of the opposition, for the applicant.

Cancellation or nullity may be sought after these two specific moments only if the grounds arise subsequently, and the deadline for doing so runs until the expiry of the period for filing final arguments.

Ex officio nullities and cancellations

Nullities

As regards nullities ordered by the INPI, it is clarified that requests for nullity under Article 24, subsections (b) and (c) — that is, marks registered in bad faith or with the aim of commercialising them, respectively — whether total or partial, will be heard in court and not before the INPI.

Cancellations

There have been no procedural changes to this remedy.

Other amendments for greater speed

Finally, this update also included changes aimed at speeding up the proceeding, as follows:

1. Deadlines are mandatory and non-extendable, and are not suspended by requests to inspect the file.

2. Appeal routes in respect of simple procedural orders, interlocutory acts, and final decisions are limited so as to align them with those of the administrative procedure.

3. The petitioner will be granted a 15-business-day opportunity to comment on any new fact alleged by the registered owner of the challenged mark.

The full text of the regulation is available at: https://www.argentina.gob.ar/noticias/el-inpi-actualiza-los-procedimientos-administrativos-de-nulidad-y-caducidad-de-marcas