INPI Resolution 162/2026 simplified the process for transferring trademarks, patents and industrial designs: less red tape, no apostille, and legal effects from the filing date.
Transferring a trademark, patent or industrial design in Argentina is now simpler. Since May 29, 2026, INPI Resolution 162/2026 has eliminated apostille and consular legalization requirements for foreign documents, allowed successive assignments to be recorded in a single proceeding, and given recordation retroactive effect from the filing date. The resolution was published in Argentina’s Official Gazette together with new rules governing the recordation of ownership transfers and changes in the holder’s registered business activity.
The new rules unify and simplify transfers of trademarks, patents, utility models and industrial designs. They remove apostille and legalization requirements for foreign documents, allow several successive transfers to be handled in one proceeding, and make the recordation effective from the date the application was filed.
What applied before, and why was it a problem?
Before Resolution 162/2026, industrial property transfers in Argentina were governed by INPI Resolution 39/2011, as amended by Resolution 61/2020. That system had a major drawback: documents executed abroad generally required an apostille or consular legalization. For a company purchasing a trademark from a foreign owner, this meant extra months of paperwork, consular costs in the country of origin, and unnecessary delays that could hold up commercial transactions.
In addition, when a trademark had passed through several owners within the same transaction—for example, a corporate restructuring in which A assigned it to B and B assigned it to C—each transfer had to be recorded separately, with its own official fee and proceeding. The new rules address these sources of friction directly.
The five key changes introduced by Resolution 162/2026
- No apostille or consular legalization. Supporting documents no longer require an apostille or legalization, even when executed abroad. For private instruments, only the assignor’s signature must be certified. This is a significant change for international transactions.
- Either party may file the application. The burden previously fell mainly on the assignor. Now either the assignor or the assignee may request recordation, giving the parties greater flexibility when closing a transaction.
- A chain of assignments may be recorded in one proceeding. If a trademark passed from A to B and then from B to C as part of the same transaction, the parties may file a single application and pay one official fee. Previously, every link in the chain required a separate filing and payment.
- Retroactive effect from the filing date. Recordation takes effect from the date the application was submitted. This protects the assignee because its ownership is recognized from the start of the proceeding, even if INPI takes several weeks to approve it.
- Clearer deadlines and objection procedures. If INPI raises an objection, the applicant has 10 business days from publication in the Official Gazette to respond, with the possibility of three consecutive automatic extensions for the same period. This makes the procedure more predictable.
Which rights are covered?
The new rules cover all industrial property rights administered by INPI: registered and pending trademarks, invention patents, utility models, and industrial models and designs. They also regulate special cases involving changes to a trademark holder’s registered business activity.
Spousal consent: when is it required?
The resolution also clarifies how spousal consent must be handled. If the assignor is married under the community property regime—the default regime unless the spouses chose separation of property—the spouse must consent to the transfer. If the assignor is subject to a separation of property regime, this must be proven unless that information already appears in the file. This clarification is particularly useful when an individual owns the trademark.
A practical example
Imagine that you own a registered clothing trademark and agree to sell it to a company based in Spain. Under the previous rules, the assignment agreement executed in Spain had to be apostilled there, sent to Argentina, and filed with INPI together with the remaining documents. That involved consular or administrative costs, courier time, and at least an additional month of delay. Under Resolution 162/2026, the agreement no longer needs an apostille: certification of the assignor’s signature is sufficient. The transaction can therefore be completed much faster.
If the Spanish company had purchased that trademark from a German company one month earlier, the entire chain may also be recorded in a single proceeding, with one official fee, before INPI.
How is the application filed today?
The procedure begins through the INPI online filing portal, using the unified web form available since the resolution came into force. This reform is part of INPI’s broader modernization process. We previously discussed the introduction of mandatory electronic notices in trademark proceedings, another measure aimed at digitizing communications between INPI and rights holders.
For a broader view of the institutional changes that INPI has been making, you may also read our analysis of the creation of UMAPI, the unit responsible for updating the agency’s official fees.
Frequently asked questions
No. Resolution 162/2026 expressly removes that requirement. For private instruments, only the assignor’s signature needs to be certified, regardless of where the document was executed.
From the date the application is filed with INPI. Recordation has retroactive effect to that date, even if the proceeding takes weeks or months to be decided.
Yes, provided that all of them are documented in the same instrument. In that case, the applicant pays one official fee and files one application, significantly simplifying corporate restructurings.
It applies to all rights administered by INPI: trademarks, invention patents, utility models, and industrial models and designs, whether registered or pending.
