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.

A self-employed worker in Argentina may engage up to three independent collaborators through PADIC without automatically turning them into employees. The regime is valid only when everyone actually works autonomously. If there are ongoing orders, imposed schedules, exclusivity and economic dependence, registration does not prevent the relationship from being treated as employment.

What PADIC is and who may use it

Article 97 of Law 27,742 created a regime for small productive ventures. A person working on their own account may collaborate simultaneously with up to three other independent workers. No employment relationship arises among them or with the venture’s clients, provided that the usual elements of subordination are absent.

Argentina’s current Employment Contract Law excludes workers who properly fall within this regime from its scope. This does not mean that every registered sole trader or monotribut taxpayer is outside employment protection. The decisive question remains how the work is organized and performed in real life.

Requirements for an independent collaboration

Decree 847/2024 requires the venture holder and every collaborator to be registered as self-employed taxpayers or under the Monotributo simplified tax regime. They must declare the independent nature of the relationship before ARCA, Argentina’s tax authority. The cap is three active collaborators at any given time, even if the holder operates more than one venture.

Each collaborator must remain free to provide services to other clients, enter into other contracts or run a separate venture. The relationship cannot lock either party in indefinitely: the holder or the collaborator may terminate it at any time.

How to register the relationship

Before work begins, the venture holder must access the PADIC service with an ARCA tax password. The filing includes the venture’s name, activity, dates and address, as well as the Argentine tax identification number of each collaborator. ARCA assigns a code to the project and sends a notice to the parties’ electronic tax mailboxes.

Under ARCA’s official PADIC procedure, a collaborator has 72 hours to accept or reject the registration. If they do not respond within that period, they are removed from the project. Acceptance operates as a sworn declaration. When the relationship ends, either party may report its termination through the same registry.

PADIC, Monotributo and employment are not interchangeable

A person may work independently and issue invoices under Monotributo without using PADIC. The registry becomes relevant when an independent venture holder works with collaborators under this special regime. Conversely, PADIC registration is not enough when the actual arrangement shows that one person works under another person’s direction and business organization.

Article 23 of the Employment Contract Law limits the employment presumption when the parties have a genuine works or services agreement supported by invoices or bank payments. The same legislation, however, continues to define employment through work performed under dependence. An agreement, invoices and PADIC records are useful evidence, but they do not cure subordination shown by messages, schedules, supervision, instructions and the parties’ daily conduct.

A practical example

An independent designer wins a large project and brings in an illustrator and a software developer. They agree on deliverables, set their own schedules, use their own tools, invoice their work and remain free to take other clients. They register the venture in PADIC before starting. That structure is consistent with an independent collaboration.

The analysis changes if someone must connect every day from 9 a.m. to 6 p.m., follow a supervisor’s instructions, request permission to be absent and receive a fixed monthly amount. If that person performs the same role as the company’s regular staff, calling them a “collaborator” does not remove the employment risk. The business should then consider formal employment and follow the steps described in our guide to hiring a first employee in Argentina.

What the parties should document

Before registration, the parties should put in writing the project’s purpose, each participant’s contribution, how income and expenses will be allocated, the expected deliverables, the freedom to work for third parties and the termination process. The holder should also retain PADIC records, acceptances, invoices and proof of payment.

The written agreement must reflect the actual arrangement. If the business needs to direct schedules, duties and daily availability, it should not force the relationship into an independent framework. An early legal review helps choose among a collaboration, a services agreement and employment before a growing project creates an avoidable dispute.

Frequently asked questions

As an official starting point, registering a trademark in Argentina costs 100 UMAPI for each class covered by the application, including up to 20 goods or services. If you instruct a trademark agent to handle the search, filing strategy and prosecution, professional fees are added to the official INPI fee. There is therefore no single price for every case: a one-class filing costs less than a trademark that must protect several different business activities.

The official fee: 100 UMAPI per class

The current INPI fee structure sets the fee for a new trademark application at 100 UMAPI, covering up to 20 entries from the official list of goods and services. UMAPI is an indexed unit designed to keep official fees aligned with changing economic conditions. The resolution used an initial reference value of ARS 360 per UMAPI, or ARS 36,000 per class at the date of that fee table. The amount payable in pesos should always be checked on the filing date.

If an application lists more than 20 goods or services in the same class, each additional entry costs 4 UMAPI. That does not mean the specification should be made artificially narrow: an overly limited list may fail to protect an important part of the business. Adding irrelevant terms is not a good solution either, because it increases cost and may lead to objections.

Why the number of classes changes the cost

A trademark is not registered “for everything.” The Nice Classification divides economic activity into 45 classes. A coffee shop may require one class for restaurant services and another if it also sells packaged coffee under the same name. A software company may need to distinguish downloadable software, online services and technology consultancy.

One class starts at 100 UMAPI, two classes at 200, and three classes at 300. Before paying, it is worth reviewing how to choose the correct Nice classes for an Argentine trademark. The goal is not to file in as many classes as possible, but to cover the activity the business actually conducts or genuinely plans to conduct.

What professional fees cover

The official fee is what the State charges to examine the application. Professional fees pay for a different service: checking earlier marks, assessing visual and phonetic similarities, identifying the correct owner, drafting the specification, filing the application and monitoring official notices. Depending on the agreed scope, they may also include follow-up through the decision and advice if an objection or opposition arises.

This is why two quotations do not necessarily include the same work. One may only cover data entry and submission; another may include a prior search, legal advice and ongoing monitoring. Before comparing figures, ask what work is included, how many classes the price covers and what happens if a third party files an opposition.

Costs that may arise later

An uncontested application should not cost the same as a disputed case. If a third party opposes the mark, INPI issues an objection or a refusal must be appealed, further work and sometimes further official fees will be required. Oppositions and the administrative procedure for maintaining them have their own fee structure.

An Argentine trademark registration lasts ten years and may then be renewed. A declaration of use must also be filed between the fifth anniversary and the expiry date. Those steps are not included in the initial filing price. Treating a trademark as a business asset means budgeting not only for the application, but also for monitoring and maintenance.

How to avoid paying twice

The costliest mistakes often happen before the form is completed: choosing a name without searching earlier rights, filing in the wrong owner’s name or selecting a class that does not cover the core activity. INPI charges for examining the application; it does not guarantee that the mark will be granted. If the filing fails, the official fee already paid does not automatically make the case recoverable.

Our step-by-step guide to registering a trademark in Argentina explains the full process. The safest way to establish the real cost is to define the sign, the applicant and the correct classes first, and only then finalise the filing budget.

Frequently asked questions

Is the official fee paid only once? It is paid when each application is filed. Later costs may arise for oppositions, objections, appeals, the declaration of use or renewal.

Can I register several classes for one fixed price? No. The base cost is calculated per class. If you need two classes, you must budget for two application fees.

Are a trademark agent’s fees included in UMAPI? No. UMAPI measures official INPI fees. Professional fees are agreed separately.

Should I choose fewer classes to save money? Only if those classes are genuinely unnecessary. Saving money by omitting the main activity may leave the registration commercially ineffective.

A partners’ agreement should define contributions and roles, decisions requiring approval, profit distributions, the admission and departure of partners, valuation and mechanisms for resolving deadlocks. It does not replace the articles of association: it complements them. Rules intended to bind the company or affect third parties must be included in the constitutive instrument where appropriate.

A partners’ agreement and the articles are not the same

The articles of association or company agreement legally organise the company. Argentina’s General Companies Act requires them to address capital, management, meetings, profit distribution and operating rules. They are subject to registration.

A partners’ agreement, by contrast, is a contract among its signatories. Argentina’s Civil and Commercial Code provides that a valid contract binds its parties but, as a rule, has no effect on third parties. A private restriction must therefore be coordinated with the rules governing the SRL, SAS or SA and incorporated into the constitutive instrument where necessary.

If you have not yet chosen a legal structure, our comparison of an SAS and an SRL for a business in Argentina explains how each type can organise control and transfers.

1. What each partner contributes and does

Not every contribution is cash: it may also consist of work, technology, clients or technical expertise. The agreement should describe what is expected from each partner and distinguish three concepts that are often confused: capital contributions, compensation for work and dividends received as an owner.

If an equity interest is granted in exchange for future work, it can vest gradually against time or milestones. This prevents someone from leaving the project early while retaining a percentage they have not yet earned.

2. How decisions are made and deadlocks are resolved

Ordinary and strategic decisions should be separated. Purchasing supplies may be left to management, while taking on debt, admitting a partner, selling an essential asset or distributing profits may require a special majority. A 50/50 company also needs a deadlock mechanism: time-limited negotiation, mediation or a buy-sell formula.

Argentina’s Simplified Corporations Act allows SAS shareholders to define their internal structure, allocate management functions and establish dispute-resolution procedures, including arbitration. A standard template will rarely address every real risk.

3. Future funding and profit distributions

The agreement should anticipate what happens if the company needs cash: whether partners will make further contributions or loans, and what happens when one contributes and another does not. It should also state when profits may be distributed and how much is retained for reinvestment.

No clause may guarantee profits or release a partner entirely from losses: the General Companies Act declares such provisions void.

4. Transfers, new investors and exit rights

An orderly exit may include a right of first refusal for existing partners, tag-along protection for a minority holder, drag-along rights in a full sale and conditions for admitting heirs or investors. The price may be based on financial statements, a multiple, an independent valuer or a reviewable formula.

Valuation cannot become a punishment: Argentine company law invalidates a price that departs substantially from the real value. Transfer restrictions must also suit the company type. In an SAS, restrictions included in the constitutive instrument are recorded in the Share Register.

5. Information, confidentiality and intellectual property

The agreement may establish what information each partner receives and protect clients, processes, code, designs and business strategy. If a trademark, software product or piece of content existed before the company, the documents should say whether it is transferred, licensed or remains the property of its creator.

A non-compete clause should be reasonable in scope, territory and duration. Its purpose is to prevent the unfair use of company information, not to stop someone from working indefinitely.

An example: two partners and an impossible decision

Two friends form a company and each owns 50%. One works in it every day; the other provided the initial capital. A purchase offer arrives and they disagree. Neither can reach the required majority, and there is no valuation formula or exit right: a profitable business is suddenly deadlocked.

Their agreement could have set commitment levels, compensation, time-limited mediation and a buyout mechanism. It would not eliminate the disagreement; it would prevent the disagreement from destroying value.

Frequently asked questions

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.

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.

There is no single price for handling a succession in Córdoba, but that does not mean it must cost a fortune. Many family estates are straightforward: the heirs are adults, they agree, and they only need a declaration of heirs or a consensual distribution. In those cases, there is no need to pay for a court-ordered partition or for every professional task that might arise in a disputed estate.

The first distinction: a declaration of heirs is not the same as distributing the estate

A declaration of heirs (declaratoria de herederos) is the court decision identifying the persons who inherit when there is no will covering the entire estate. Although children, parents and the surviving spouse acquire hereditary status upon death, the Argentine Civil and Commercial Code requires judicial recognition before registered assets can be transferred.

The declaration may be enough when the heirs only need to prove their status, manage the estate or prepare a later decision. If they want a house to be registered solely in one heir’s name, divide several assets, sell real property or end the undivided estate, they must take an additional step. This is why two estates with similar assets can have very different costs.

If you are still deciding whether a case must be opened, our Spanish-language guide on what happens when a succession is not completed explains which transactions remain unavailable while the property is still registered in the deceased person’s name.

Four possible paths after a death

Article 2369 of the Argentine Civil and Commercial Code allows a private partition when all co-heirs are present, capable and unanimous. Article 2371 requires a judicial partition when an heir is absent, lacks full legal capacity, an interested third party objects, or the capable heirs cannot reach an agreement.

How Córdoba Law 9459 calculates attorneys’ fees

Córdoba Law 9459, as amended by Law 11,042, operates as a supplementary fee regime when there is no fee agreement. Lawyer and client may agree in writing on the amount, payment method and timing within the legal limits. If the court must set the fees, the economic basis, the statutory scale and the work actually completed become relevant.

For legal work benefiting the estate as a whole, the regulatory basis is the property to be divided, including marital-community property when applicable. This does not necessarily equal the asking price imagined by the family or a figure shown in a real-estate listing. When several lawyers participate, the law also distinguishes work benefiting the entire estate from work performed only for a particular heir.

In simple terms, the law divides the work into stages: filing for the declaration of heirs, completing that stage, inventorying and valuing the assets when necessary, and finally partitioning them. If the family only needs the declaration, the matter should not be calculated as though inventory, valuation and partition had also been completed.

Moreover, when there are no incidental proceedings or disputes, Article 58 applies only sixty percent of the scale. Put differently, the court-awarded fee is forty percent lower than the amount corresponding to the full statutory route. If the scale produced one hundred units, an uncontested succession would use sixty.

One clarification is essential: that sixty percent is not calculated directly on the value of the house. A much smaller statutory fee percentage is first determined on the applicable basis, and only then is the reduction applied. The twenty-five percent mentioned in Article 36 is a statutory ceiling for the general scale, not an automatic percentage or the normal cost of every succession. In practice, a written fee agreement can also state from the outset how much will be paid at each stage.

How tracto abreviado and out-of-court partition work

Tracto abreviado is sometimes described as a way to “avoid probate,” but that is inaccurate. To sell real property through this route, the heirs need a declaration of heirs and the documents allowing the notary to execute a deed directly from the deceased registered owner to the buyer. Our detailed Spanish-language explanation of tracto abreviado discusses its requirements and effects.

Article 59 of Law 9459 provides that, for an out-of-court partition or a transfer through tracto abreviado, the notary must have a certified copy of the declaration issued for that purpose. The court may not issue it until the participating professionals’ fees have been assessed and paid, unless they expressly consent. The route can therefore reduce registration steps, but it does not eliminate the professional work completed beforehand.

Inventory, valuation and partition: when other professional fees arise

An inventory identifies the assets forming the estate, while a valuation assigns them a value close to the date of partition. The Argentine Civil and Commercial Code allows the heirs to replace a formal inventory with a declaration of assets when all co-owners of the undivided estate agree, unless a creditor requested an inventory or the law requires one.

When a formal operation is required, a professional may act as inventory specialist, appraiser or partition specialist. Law 9459 regulates these fees separately from those of the lawyer handling the case, even when the same person performs both functions. For inventory and valuation together, it provides between thirty and fifty JUS, capped at one percent of the value of the assets. For partition and distribution, it provides one percent of the estate to be divided; and for a declaration, valuation and distribution of assets, two percent.

These charges do not accumulate automatically. A straightforward declaration involving adult heirs, complete documentation and agreement normally does not require an inventory specialist, appraiser or partition specialist. Those costs arise only when the chosen route or an actual dispute requires the corresponding work. Questions about which assets belong to the estate, their value or each heir’s share may generate additional proceedings and fees.

2% court fee, 1% Lawyers’ Fund contribution and other expenses

The Córdoba Judiciary reported that the court-fee rate applicable during 2026 is two percent. A one-percent contribution to the Lawyers’ Fund is added. As a quick reference, that means two percentage points for the court fee and one for the Fund, calculated on the applicable legal basis. These amounts are not the lawyer’s fee and are not percentages applied to an informally selected value.

Attorneys’ fees must also be distinguished from case expenses. A professional estimate may include certain filings or advances, but court fees, contributions, reports, registration and the deed are separate items. When comparing proposals, ask for a clear statement of what is included and what must be paid separately.

Practical example: one house and two heirs

Suppose a person dies owning a house in Córdoba and leaves two adult children. Both agree and have all the required certificates. If they need only the declaration of heirs, the work ends at the first stage and there is no distribution yet. If a buyer appears, they can consider a tracto abreviado sale. If one child wants to keep the property and compensate the other, they can prepare a private partition and use the appropriate route for registration.

The situation changes if one heir disputes the house’s value, questions the other heir’s share or refuses the proposed distribution. An inventory and valuation may then be necessary, along with a partition specialist and court-supervised division. The estate is the same, but the work, time and professionals involved are different. That is why a single isolated figure cannot seriously answer the question “How much does probate cost?”

How long a succession proceeding can take

The law does not establish a single deadline for the entire process. An uncontested declaration of heirs may be completed within several months, but that does not necessarily include registration, distribution or a sale. Timing depends on obtaining certificates and reports, publishing statutory notice, correcting differences in names or documents and receiving the necessary court decisions.

When all heirs agree, the later stage can be organized more predictably. If someone must be located, additional assets are reported, accounts must be rendered, valuations are disputed or a judicial partition becomes necessary, the process can last well over a year. The best way to reduce delays is to decide early what should happen to each asset and gather the documentation before requesting unnecessary procedural steps.

Frequently asked questions

If you have been called to give a defendant statement in Córdoba, speaking immediately is not always advisable—and remaining silent is not always the best choice either. You may remain silent, make a prepared statement without answering questions, or give a statement and answer questions. No option is automatically right. You should decide with your defense lawyer after reviewing the alleged facts, the available evidence, and the specific purpose of the statement.

What is a defendant statement in Córdoba?

A defendant statement—known locally as the declaración del imputado—is primarily an act of personal defense. It is the formal opportunity to learn what conduct is attributed to you, how it may be legally classified, and what evidence exists against you. You may then choose whether to give an explanation, identify evidence, or exercise your right to remain silent.

The Criminal Procedure Code of Córdoba requires your defense lawyer to be present; otherwise, the statement is null. It also prohibits placing you under oath, pressuring or threatening you, or using accusations designed to obtain a confession. Your silence cannot be treated as evidence of guilt.

This is different from an informal interview, a conversation with police officers, or a written explanation sent by message. Anything you say outside a planned defense may enter the investigation in another form and create difficulties that cannot simply be undone by offering a later explanation.

The three available options

The choice is not simply about whether you are innocent or whether you “have something to hide.” A person may have a truthful explanation and still need to verify dates, documents, or the exact scope of the allegation before speaking. Preparing a statement does not mean inventing a story. It means preventing mistakes, organizing the facts, and separating what you know from what you assume.

What must you be told before you decide?

Before you make this decision, the authorities must explain in detail the alleged facts, their possible legal classification, and the evidence against you. Article 261 of Córdoba’s Criminal Procedure Code recognizes prior access to that evidence, your right to remain silent without any inference of guilt, and your right to ask your defense lawyer for advice.

During the investigative stage, the parties and their lawyers may examine the case file after the defendant statement, or even before it if the prosecutor or the supervisory judge authorizes access. Article 312 allows the investigation to be kept confidential through a reasoned decision when disclosure could jeopardize the search for the truth. As a general rule, that restriction may not exceed ten days, although the Code permits an extension in specified circumstances.

In practice, timing matters. Deciding after reviewing a substantial part of the file is not the same as deciding when the defense only knows fragments of the evidence. This is why remaining silent may be a temporary decision rather than a permanent position.

The Larocca decision: a statement can open a line of evidence

A 2026 Córdoba decision shows why the defendant statement should not be treated as a formality. In Larocca, Sergio Gabriel p.s.a. Abuso sexual con acceso carnal, the Court of Indictment reviewed a case in which the defendant had referred, during his first act of defense, to an exchange of communications connected to the allegations. Those assertions had not been investigated, verified, or refuted.

In Order No. 1 of February 3, 2026, the court reversed the ruling that would have allowed the case to proceed to trial and found that there were not yet sufficient grounds either to prosecute or dismiss, so the investigation had to continue. The court explained that a defendant statement is both an act of personal defense and a potential source of evidence. When the defendant identifies relevant and useful facts or evidence, the prosecution must examine them with due diligence.

The decision does not require prosecutors to pursue every assertion or every requested measure. The duty to investigate matters raised by the defense is limited to evidence that is reasonable, relevant, useful, and not merely intended to delay the proceedings. But when an unjustified omission prevents a defense theory from being properly examined, the right to be heard risks becoming an empty formality.

The court made another important point. Cases involving violence against women must be assessed with evidentiary breadth and a gender perspective, but those standards do not eliminate due process or the duty to investigate useful circumstances identified by the defense. The two requirements must be applied together, not treated as opposites.

Can you make or expand your statement later?

Yes. Article 266 allows a defendant to make a statement more than once, provided the additional statement is relevant and is not merely dilatory or disruptive. You may therefore remain silent at first and speak later, or expand an earlier statement when new evidence appears or the defense gains access to information that was previously unavailable.

An additional statement does not erase what you said before. The different versions will be compared. Changes in dates, people, locations, or central explanations may be presented by the prosecution as inconsistencies. Your lawyer should therefore identify what new information justifies the additional statement and what point needs to be clarified.

How to prepare a useful statement

Preparation begins with a private chronology of dates, approximate times, locations, people present, and related documents. That chronology must then be checked against the allegations and the known evidence. Remembering the “general idea” is not enough: a message, location record, or receipt may confirm one point but may also show that a time you honestly recalled was inaccurate.

You should also separate three categories: what you personally saw or did, what another person told you, and what you inferred. Mixing them often produces claims that are difficult to support. A strong statement avoids exaggeration, does not fill gaps with assumptions, and identifies specifically where supporting evidence can be found.

Before the hearing, your lawyer should define the purpose of the statement: denying involvement, explaining the context of an act, correcting a factual detail, identifying evidence, or preserving the defense until more of the case is known. Our criminal defense practice in Córdoba focuses on assessing these procedural decisions from the earliest stage of the case.

What happens during the statement?

If you choose to speak, you may explain anything you consider relevant to your defense or clarification of the facts, and you may identify evidence you believe should be obtained. Your account must be recorded in your own words. If you agree to answer questions, they must be clear and precise: they cannot be misleading, suggestive, or asked in a coercive manner.

At the end, the clerk must read the record aloud, and you or your lawyer may also review it. This is not a minor formality. You must verify that the record accurately reflects what you said, that important qualifications were not omitted, and that any correction is included before you sign.

Practical example: an allegation involving threatening messages

Imagine that you are accused because of a voice message sent after an argument. The prosecution has the isolated recording, but you maintain that it forms part of a longer conversation and that earlier messages change the context. Initially remaining silent may give the defense time to obtain and preserve the full conversation. A statement without questions might identify the phone, the dates, and the original file. Answering questions may be useful if the evidence is already available and there is no uncertainty about the sequence.

The same person facing the same allegation may reasonably choose a different strategy at a different stage of the investigation. The goal is not to say more. It is to understand what information will enter the case, how it can be verified, and what risks it creates.

Common mistakes when making a statement

Frequent problems include speaking to release anger, improvising dates, attributing intentions to other people, denying easily verifiable facts, naming witnesses without knowing what they actually observed, submitting incomplete documents, or answering because of pressure from family or social media. Coordinating your account with other people involved is also dangerous: it may be treated as an indication that stories were aligned and may undermine everyone’s credibility.

A defendant statement should not be used to attack the complainant or discuss personal matters unrelated to the allegation. Particularly in domestic or gender-violence cases, focusing on verifiable facts and avoiding stereotypes protects the defense far better than broadly discrediting the other person.

Frequently asked questions

Can remaining silent hurt my case? Silence cannot be treated as evidence of guilt. There may be strategic reasons to speak or not to speak, but remaining silent is a right, not a confession.

Can I make a statement without answering questions? Yes. You may present an account of the facts and identify evidence without agreeing to questioning. Whether this is advisable depends on the purpose of the statement and how much of the case the defense knows.

Can I speak later if I initially remain silent? Yes. Córdoba’s Code allows a defendant to make or expand a statement more than once when doing so is relevant and not merely intended to delay the proceedings.

Must the prosecution investigate everything I mention? It must investigate facts and circumstances that are relevant and useful. It does not have to pursue irrelevant, impossible, or purely dilatory measures.

Do I need a lawyer even if I want to speak voluntarily? Yes. In Córdoba, the presence of defense counsel during this statement is mandatory; otherwise, the act is null.

To choose the right Nice class for a trademark in Argentina, identify which goods you sell or services you provide under that name. The Nice Classification groups them into categories, but selecting a number is not enough: the wording of the coverage also matters. If you file in the wrong class or define the scope too narrowly, you may obtain a registration that does not protect what your business actually does.

What are Nice classes?

The Nice Classification is an international system for trademark registration. It contains 45 classes: classes 1 to 34 cover goods, while classes 35 to 45 cover services. Trademark offices use it to organise applications and assess potentially conflicting signs in the same or related markets.

Argentina’s National Institute of Industrial Property (INPI) recommends identifying the actual goods or services first and consulting tools such as the WIPO database or TMclass. Although the classification is international, the application is examined under Argentine law and according to the specific scope claimed.

Your business activity is not necessarily your trademark class

A common mistake is to search for a class using the company’s broad activity. The better question is: which goods or services will this trademark identify for customers? The same business may need several classes because it manufactures a product, sells it through a retail operation, provides training and also offers an app.

These examples are only a starting point. A small difference in the business model can change the correct wording: selling a downloadable app is not the same as providing software by subscription.

The right class can still be filed incorrectly

After identifying the class number, the goods and services must be selected or described accurately. INPI’s official trademark filing guidance warns that claiming an entire class is not accepted. The scope must be specific and consistent with the activity to be protected.

What happens if you choose the wrong class?

INPI will not automatically convert a poorly framed application into a different one. If the main activity was omitted, you may have to submit a new application, pay another fee and restart the process. In the meantime, a third party could seek a similar mark in the relevant class or oppose your filing.

The same name may already be registered in another class without necessarily preventing registration. INPI’s trademark FAQs explain that marks may coexist in unrelated fields, although an earlier owner may object when the goods or services are connected. A clearance search should therefore cover related classes.

How to define your coverage before filing

Start by describing in plain language what you currently sell, how customers receive it and what you realistically plan to add. That activity can then be translated into classification terms, related classes can be reviewed and earlier identical or similar marks can be searched.

This review complements our step-by-step guide to registering a trademark in Argentina. If a third party has already challenged the application, see our explanation of the INPI trademark opposition procedure.

To hire your first employee in Argentina, you must register as an employer, correctly determine the type of employment, the applicable collective bargaining agreement and job category, obtain workers’ compensation insurance, register the employee with ARCA before work begins, and organize payroll and employment records from the first month. An accountant can handle much of the registration and calculate payroll taxes, but the decisions that most often create legal exposure—what kind of relationship exists, which duties are being hired, which collective agreement applies, and how the terms are documented—should be legally reviewed in advance.

1. First decide whether you actually need an employee

The first question is not how much you will pay, but how the services will be performed. An employment relationship exists when an individual voluntarily works for another person or business, receives compensation, and does so under that party’s direction and control. In practice, dependence is usually present when you set working hours, give instructions, supervise performance, integrate the person into your organization, and bear the economic risk of the activity.

If you need someone on an ongoing basis, embedded in the day-to-day operation of the business and subject to your instructions, an employment relationship will normally be appropriate. Asking the person to register under Argentina’s simplified taxpayer regime, known as monotributo, and issue invoices does not by itself turn the relationship into independent contracting. The current text of Argentina’s Employment Contract Act excludes the employment presumption in genuine contracts for independent works or professional services supported by invoices, but it continues to invalidate arrangements designed to simulate or conceal dependent employment.

An independent contractor organizes their own activity, works autonomously, assumes business risk, and delivers a result. An employee makes their labor available to your company. The boundary is not decided by the title of the agreement; it is decided by how the relationship actually operates. Reviewing that distinction before hiring is far less expensive than litigating it years later.

2. Identify the applicable collective agreement and job category

The most common mistake made by a small business hiring for the first time is to look only at the statutory minimum wage or agree on a take-home amount. Pay and many working conditions may be governed by a collective bargaining agreement applicable to the company’s main activity or, in some cases, to the specific duties performed.

The collective agreement may establish job categories, base salaries, additional payments, working time, special leave, attendance bonuses, seniority pay, supplementary hours, and other obligations. Selecting a lower category because it carries a lower base salary will not help if the actual duties fit a different category. In a dispute, what the person really did matters.

Before making an offer, answer five questions: What duties will the person perform? Where will the work be done? What schedule will apply? Who will give instructions? Which category best describes those duties? This basic role profile allows the lawyer to review the legal classification and the accountant to run payroll correctly.

3. Choose an arrangement that reflects a genuine business need

The general rule is indefinite-term employment. There is no need to invent an end date simply to “try out” the person: Argentine employment law already provides a probationary period. A fixed-term contract requires an expressly stated term in writing and an objective reason connected to the work or the activity. Repeated temporary contracts used to fill a permanent position may be treated as indefinite-term employment.

Part-time employment is also available. Following the 2026 reform, it covers schedules shorter than the statutory or collectively agreed working time and requires proportionate pay that cannot be lower than that received by a full-time worker in the same category. It is not a way to register four hours while requiring eight: schedules, payslips, and actual operations must match.

If the work will be remote, you should also review Argentina’s telework rules, equipment, expense reimbursement, information security, and supervision. If the need is exceptional or temporary, an eventual employment arrangement may be considered, but the underlying reason must be genuine and capable of proof.

4. Calculate the total cost, not just the salary

This is where the accountant is essential. The projection should include gross salary, employee withholdings, employer social security contributions, the workers’ compensation insurance premium, mandatory insurance, and collective-agreement items. You should also budget for the statutory 13th salary—known as aguinaldo or SAC—paid vacation, paid leave, and a reasonable reserve for replacements or contingencies.

There is no useful universal percentage because the cost changes with the activity, the employer’s status, the collective agreement, the insurer, the social health insurance scheme, and any incentives in force. A sound estimate is based on the actual job category and hiring date. The difference between gross salary, take-home pay, and total employer cost must be clear before an offer is made.

For hires made in 2026, the Employment Formalization Incentive Regime, known as RIFL, may also be relevant. Law 27,802 provides temporary reductions in certain employer contributions for qualifying new hires, including some individuals who were unemployed, registered as monotributistas, or had no registered employment on the statutory cut-off date. A business that first became an employer on or after December 10, 2025 may also qualify within the regulatory limits. Because eligibility and the election must be checked at registration, ask your accountant to verify the regime expressly rather than assuming that every new hire qualifies.

5. Prepare the business before the first day

The employer must have a CUIT tax identification number, tax credentials, and employer registration. The business must also obtain coverage from an ART—an Argentine workers’ compensation insurer—before work starts, and organize the wage-payment account, social health insurance, and any other required coverage. Depending on the activity, pre-employment medical examinations, safety training, personal protective equipment, or specific protocols may also be required.

A pre-employment medical examination is not a tool for screening people out because of their health. Its purpose is to record fitness and pre-existing conditions in relation to the proposed duties. Medical information must remain confidential and must never be used discriminatorily.

Onboarding records should also include personal and contact details, the employee’s CUIL labor identification number, address, bank account, documentation required for family allowances and social health insurance, and acknowledgment of any internal policies that genuinely apply.

If you are still deciding how to structure the business before your first hire, our comparison of an Argentine SAS and SRL explains the main differences between the two common closely held company forms.

6. Register the employee before work begins

Official guidance states that every employment relationship must be registered, regardless of the arrangement, through ARCA’s Simplificación Registral system. ARCA is Argentina’s federal tax and customs agency. The filing includes information such as the start date, employment arrangement, position, schedule, social health insurance, and collective agreement. Law 27,802 provides that registration with ARCA is legally sufficient and that no other authority may impose an additional labor-registration requirement.

“I will register the employee once I see how things go” gets the order exactly wrong. The probationary period only operates within an employment relationship registered from the start. Failure to register—or late registration—may generate evidentiary presumptions in the employee’s favor, social security debt, penalties, and loss of the probationary period.

Keep the registration confirmation and provide a copy to the employee. If the person ultimately does not start, the filing should be properly cancelled. Do not leave an open relationship in the system or improvise a retroactive termination.

7. Document the agreement even when a long contract is not required

An indefinite-term employment relationship can exist without a lengthy written agreement, but a clear offer letter or short contract is advisable for a first hire. It must match the registration, the payslip, and day-to-day reality. At a minimum, identify the start date, duties, category, collective agreement, working hours, place of work, compensation, employment arrangement, and any equipment provided.

Depending on the role, reasonable provisions may address confidentiality, data protection, system use, return of equipment, and ownership of work product created within employment. These provisions cannot waive mandatory employee rights or impose disproportionate restrictions on future work. Their purpose is to protect specific business interests, not to fill pages with restrictions that cannot be enforced.

If you provide a computer, telephone, keys, vehicle, or access to business accounts, document the delivery. Also state who authorizes expenses, deductions, supplementary hours, remote work, and leave. A simple policy that is known and consistently applied is more valuable than a large handbook that nobody follows.

8. How the probationary period works in 2026

The general probationary period is six months. A collective bargaining agreement may extend it to eight months for businesses with six to 100 employees and to one year for businesses with up to five employees. When hiring your first employee, reading the general rule is therefore not enough: you must check whether the applicable collective agreement has used that option.

The employment relationship is fully effective during probation. The employer must register the worker, pay wages and social security contributions, provide coverage for work-related and ordinary illness and injury, respect leave rights, and recognize seniority. Probation is not authorized informal work. If the employer fails to register the employee from the start, the law treats the employer as having waived the probationary period.

The same person cannot be hired on probation twice by the same employer, and employers cannot rotate successive workers through probation to fill one permanent position. If employment ends during a valid probationary period, statutory seniority severance is not due; the 2026 reform also removed the notice requirement during this stage.

9. Organize monthly administration from the first payslip

Every month, the employer must calculate wages, make employee withholdings, file the social security return, pay employee and employer contributions, and issue a payslip containing all required information. The start date, category, and duties must be consistent with the registration. A bank transfer does not replace the payslip or cure an incorrect payroll calculation.

The 2026 rules changed the contents and operation of several employment records. The specific payroll setup should remain with the accountant responsible for wage calculations and filings.

From a legal perspective, the business should retain personnel files, hiring and termination records, payslips, proof of payment, working-time records, vacation requests and approvals, medical certificates, disciplinary notices, training records, equipment acknowledgments, and relevant communications. The records should reflect a properly managed relationship, not be created only after a conflict appears.

A practical example: the first hire in a design studio

What the accountant reviews—and what the lawyer should review

The accountant registers the business as an employer, processes the employee’s filing, calculates wages and payroll taxes, submits returns, and checks contribution incentives. The lawyer determines whether employment dependence exists, which arrangement is legally valid, which collective agreement and category apply, how the documents should be drafted, and which risks arise from the way the work will actually operate.

These roles complement one another. If the lawyer ignores cost, the proposed structure may be financially unworkable. If the accountant receives legally incorrect assumptions, the payroll may be perfectly calculated but still rest on the wrong foundation.

Frequently asked questions

Can I hire my first employee as a monotributista? Only if the person is genuinely providing independent services. If the person works under your direction and is integrated into your business, invoices do not eliminate the employment relationship.

Do I need a written employment contract? Indefinite-term employment does not always require a written instrument, but documenting duties, working hours, category, and terms reduces ambiguity. Temporary arrangements require additional formalities.

Can I terminate employment during probation? Yes, if the probationary period is still running and the relationship was registered from the start. Seniority severance is not due, but all salary and other amounts accrued through termination must be paid.

How much does it cost to employ someone in Argentina? There is no universal percentage. The cost depends on the collective-agreement salary, additional items, employer contributions, workers’ compensation insurance, social health insurance, mandatory coverage, and available incentives. Ask for an accounting projection based on the actual role and hiring date.

The short answer is that the principle of territoriality governs cross-border trademark disputes. A trademark is valid only in the country where it is registered, and, as a general rule, the dispute is heard in the country where the use or harm occurs, under the law of that country. But there is a nuance that surprises many people: sometimes a simple cease-and-desist letter is enough for a foreign court to assert jurisdiction and draw you into litigation far from home. That is exactly what recently happened in the United States in a dispute involving the Frida Kahlo brand.

The Frida Kahlo case: when a letter takes you to court abroad

In April 2026, the United States Court of Appeals for the Eleventh Circuit resolved one chapter in the long-running dispute over rights in the Mexican artist’s name and image. Frida Kahlo Corp. sued one of her descendants, who lived in Mexico, in Florida. The defendant asked the court to dismiss the case for lack of personal jurisdiction: she lived in Mexico, so why should she have to defend herself before a U.S. court?

The court disagreed. It held that the defendant submitted to jurisdiction in Florida by sending allegedly false cease-and-desist letters and threatening litigation over intellectual property rights directed at that forum. In other words, sending demands into a country may create the “minimum contacts” that allow that country’s courts to exercise jurisdiction over you. The motion to dismiss was denied, and the case continued in the United States.

The lesson extends beyond U.S. law. If you send a formal notice or demand email from Argentina to someone operating in another country—or if you receive one yourself—you are dealing with international jurisdiction rules that should be considered before you press “send.”

The foundational rule: trademarks are territorial

Territoriality is the foundation of the entire system. A trademark registered with Argentina’s National Institute of Industrial Property (INPI) grants you an exclusive right within Argentina’s borders and nowhere else. The same sign may be registered by someone else in Brazil, Mexico, or Spain without that fact, by itself, creating a conflict. This principle is recognized in the Paris Convention for the Protection of Industrial Property, approved by Argentina through Law No. 17,011. Article 6 establishes the independence of trademarks: each national registration has a legal life of its own.

Why does this matter? Because it determines who may bring a claim and against whom. A foreign owner, no matter how famous its trademark is in its home country, cannot automatically prevent someone else from using it in Argentina if it was not registered here. There are exceptions, including well-known trademarks under Article 6bis of the Paris Convention. The reverse is also true: your Argentine trademark does not automatically protect you when a third party uses it abroad.

Where can you be sued? Jurisdiction

The first question is not who is right, but which court will hear the dispute. The general rule of Argentine private international law, reflected in the Civil and Commercial Code, is that a claim may be brought before the courts of the defendant’s domicile. In trademark infringement cases, the courts of the place where the harm occurs may also have jurisdiction. If someone sells products bearing your trademark in Córdoba, Argentine courts may hear the case even if the infringer is based abroad.

The Frida Kahlo case adds another angle: certain acts deliberately directed at a country—such as sending demands or threatening litigation there—may give that forum jurisdiction over the person who performs them. An international cease-and-desist letter is therefore never a minor formality.

Which law applies?

Once the competent court has been identified, the next question is which law governs. Because trademark rights are territorial, a court deciding an infringement generally applies the law of the country in which protection is sought. If the dispute concerns use in Argentina, Argentine Trademark Law No. 22,362 applies even when the parties are foreign. When a contract is involved—such as an international license or franchise—the Argentine Civil and Commercial Code allows the parties to choose the applicable law. If they do not, the law of the place of performance will generally apply. Jurisdiction and applicable law are therefore separate layers: you may end up litigating in one country under the law of another.

A practical example

Imagine that you own a clothing trademark registered in Argentina and begin selling online to customers in Mexico. A Mexican company with a similar trademark sends you a cease-and-desist letter. If you reply by threatening to sue it in Mexico, you may be creating a basis for Mexican courts to exercise jurisdiction over you. If, by contrast, the sales and the harm occur in Argentina, Argentine courts and Argentine law are your natural forum and legal framework. The strategy for how and where to defend your trademark should be decided before the first letter is sent, not afterward.

Frequently asked questions

Does registering my trademark in Argentina protect me worldwide? No. It protects you only in Argentina. To obtain protection abroad, you must register in each relevant country or use an available international registration system.

Can a foreign company with a famous trademark stop me in Argentina if it never registered the mark here? As a general rule, no, because trademark registrations are independent. The main exception concerns well-known trademarks, which the Paris Convention protects even without a local registration.

I received a cease-and-desist letter from another country. Do I have to respond there? Not necessarily, but you should not ignore it. Your response may have jurisdictional consequences. Before replying, it is important to assess where it would be most appropriate and strategically advantageous for the dispute to be heard.

Can I choose which law governs my trademark dispute? Not in a straightforward infringement claim: the law of the country where protection is sought generally applies. In international licensing or franchise agreements, however, the parties may choose the applicable law.

Emiliano Sebastián Herrera

Emiliano Sebastián Herrera is a co-founder of Herrera & Flamenco Abogados. His practice focuses on intellectual property, including trademarks, copyright, and emerging technologies, with particular attention to protecting intangible assets and using these legal tools strategically in businesses and creative projects.