• Effective today: Scope of the registrability examination
Will be examined:
- The examination is limited to absolute grounds: lack of distinctiveness, public policy issues, and identical trademarks covering overlapping goods and services.
Will not be examined:
- The examination will no longer consider relative grounds, such as similar trademarks, signs likely to cause confusion, names or pseudonyms of individuals, and activity designations used to protect products (Section 3, subsections b), d), h), and i)).
- It will be the responsibility of the interested parties to file the corresponding opposition for INPI to take these grounds into account.
• Effective March 1, 2026: New procedure
- The formalities and registrability examination will be carried out immediately after filing and before publication.
- Publication for one day in the Trademark Gazette.
- After 30 calendar days, applications without oppositions will be granted.
• No changes: Oppositions
- The right to oppose (Sections 15 and 16 of Law 22.362) remains in force.
- The same administrative opposition procedure currently in place, governed by INPI Resolution P-183/18, will continue to apply.
• Recommendations for our clients:
- Reassess the criteria for filing potential oppositions given that INPI will significantly limit its prior rights examination. Filing an opposition will now be more important than ever.
- Plan new filings considering the simplified examination. A thorough clearance search conducted by an experienced professional will reduce the likelihood of future nullity actions.
- Consult our firm for trademark protection strategies under the new regime.