Trademark Renewal in Argentina: Deadlines and Late Filing

Trademark renewal in Argentina is filed with the National Institute of Industrial Property (INPI). A registration lasts ten years from the date it is granted and may be renewed for additional ten-year periods if the use requirements are met. You may file during the six months before expiration. If the deadline has passed, a six-month grace period is available for an additional official fee. Continuing to use the business name does not renew the registration.

How to check when your trademark expires

Check the registration certificate or search the file through the INPI portal. The relevant date is the date the registration was granted, rather than the date on which you started trading or initially filed the application. If the mark has already been renewed, check the term granted by the latest renewal.

A business with several registrations should track each one separately, recording its application number, Nice class, owner and expiration date. A word mark and a logo may have different files, and protection obtained in different classes may also carry different deadlines.

When to renew and what happens after expiration

The updated text of INPI Resolution 123/2019 allows a renewal application to be filed within the six months before or after expiration. A filing made after expiration is subject to the additional grace-period fee. Filing early leaves time to identify missing documents and resolve access or signature problems.

If the six months after expiration have also elapsed, ordinary renewal is no longer available. Argentine Trademark Law 22,362 provides that trademark rights expire when the registration term ends without renewal. A new application and any intervening third-party rights must then be assessed. The priority of the former registration does not return automatically.

The sixth-year declaration is a separate filing

After the fifth year has elapsed and before the sixth year ends, the owner must file a mid-term sworn declaration of use. It covers use during the first five years of the registration. The official instructions apply this requirement to trademarks granted or renewed on or after January 12, 2013.

If this filing was missed, do not assume that the trademark disappeared automatically or that paying the renewal fee will be enough. INPI permits a late declaration, subject to an additional fee for each year of delay, and requires the omission to be cured before processing the renewal. The file and the relevant period should be checked first.

What use must be declared at renewal

Renewal involves a second declaration covering use during the five years before expiration. It must identify the products, services or business activity for which the mark was used. Holding a mark in reserve for possible future use is different from actually using it. The declaration should reflect real commercial activity.

Keep invoices, labels, catalogues, dated advertising and other records showing how the mark was used. These documents do not necessarily need to accompany every renewal, but an organised record may support the declaration if a dispute arises. A changed logo, a long interruption in activity or use limited to only some products may require a closer review of the scope of protection and exposure to cancellation for non-use.

How to file and what to review first

According to the official trademark renewal guide, the applicant enters the INPI portal, selects TRADEMARKS / PROCEDURES / RENEWAL, completes and signs the form, and pays the official fee. After filing, confirm that the application was actually submitted and retain the receipt. An unfinished form does not protect the deadline.

Confirm the registered owner and the authority of the person who will sign. A sale of the business, the owner’s death or corporate changes may require additional documentation. The mid-term declaration should also be checked before renewal, even when the trade name used by the business has never changed.

A fee estimate should distinguish the ordinary renewal fee, the grace-period surcharge when applicable, charges for curing overdue declarations and professional fees. Official amounts should be checked on the filing date. Our guide to trademark registration costs in Argentina explains the difference between official fees and professional services, although a first application and a renewal are separate procedures.

An example: the business continued, and so did the clock

Frequently asked questions

Is an Argentine trademark renewed automatically? No. The owner must apply and meet the legal requirements even if the business continues using the mark.

Can I renew a trademark that expired two months ago? Generally, that falls within the six-month grace period. Check the file and cure any outstanding requirements promptly.

Does the sixth-year declaration renew the mark? No. It is a separate obligation and does not change the expiration date.

Can a trademark be renewed indefinitely? Yes, for successive ten-year periods if the requirements are met. Our guide to registering a trademark in Argentina explains how the initial protection is obtained.