If you're planning to expand your business into
South America, take note: the Argentine Trademark Office (INPI) recently
issued Resolution No. 162/2026, massively easing up on the paperwork needed for trademark
assignments and corporate name changes.
For
companies that restructure or change names constantly, this is huge. It's going
to save you a fortune in overseas Notarization and Legalization fees, not to
mention cutting months off the wait time. However, the new system does come with its own set of
traps. Here are the 3 critical things you need to look out for:
1. "No Legalization" only applies to
Assignments and Name Changes (With 3 exceptions)
(1) The limit: This shortcut is strictly
for assignments and name changes only. Old rules still apply to new
applications, oppositions, or renewals.
(2) POAs are NOT exempt: The new owner's Power
of Attorney (POA) still requires Notarization, Legalization and Apostille.
(3) The translation trap: If your assignment
agreement isn't in Spanish, it needs a local certified translation in
Argentina. However, even if the agreement is bilingual, if
the Notary writes the certification sentence in English, that specific part
must be translated locally.
2. Your
paperwork now carries the weight of an "Affidavit"
(1) Full
responsibility for your data: The new rules introduce a strict honesty policy.
Anything you submit is treated as an official affidavit, meaning the applicant
takes full responsibility for the data being real. However, the authorities
haven't specified the exact penalties for non-compliance yet.
(2) The
"POA Declaration" system: Under the new updates, you no longer need to attach
the physical legalized POA during filing. Instead, you declare within the
system that a valid document exists.
(3) Risk of random spot checks: If the trademark office conducts a random spot check later and finds that the POA does not exist or has incorrect formatting, all trademark procedures executed under that filing will be invalidated immediately, with no way to correct or salvage the application.
3. Relaxed filing requirements and new backup
procedures
(1) Single-party filings
are now permitted: Previously, recording a trademark assignment was
highly restrictive because both parties had to submit the application together. The new policy
removes this requirement. Now, either the assignor or the assignee can file the
assignment independently.
(2) Eliminating the
protection gap: Under the old system, an assignment only took
effect against third parties once the trademark office formally approved it,
creating a lengthy gap in legal protection. The new policy clarifies
that registration is purely declaratory. This means the legal effect begins the
exact day you file the application, offering immediate protection for the
buyer.