Trademark Squatting in Argentina: Legal Remedies
When a Third Party Hijacks Your Brand
10 March, 2026
The Scenario
Your e-commerce platform or tech startup is gaining international traction. You prepare to enter the Argentine market or discover your products are already being shipped there, only to find that a local individual has registered your exact trademark at the Argentine trademark office (INPI). You are facing "trademark squatting."
The Legal Context: Law 22.362 Because Argentina is a "first-to-file" jurisdiction, squatters proactively register the names of growing foreign startups, anticipating a lucrative buyout when the company expands. However, Argentine Trademark Law (Law 22.362) and local jurisprudence provide robust mechanisms to fight bad-faith registrations, protecting the legitimate foreign owners.
Your Action Plan and Legal Remedies: Do not negotiate or pay a ransom to a squatter. Depending on the status of the local filing, we deploy different strategic actions:
Administrative Oppositions (Pending Applications): If the squatter’s application is published in the Trademark Bulletin, there is a strict 30-day window to file a formal opposition. This triggers an administrative process where we can argue the applicant's bad faith and lack of legitimate interest.
Nullity Actions (Granted Trademarks): If the trademark has already been granted, the battle moves to the Federal Courts. We can file a nullity action based on Article 24 of the Trademark Law (which voids registrations made in bad faith or by those who knew the mark belonged to a third party). We also leverage Article 6bis of the Paris Convention, which protects "well-known" trademarks even if unregistered locally.
Cease and Desist (C&D): Often, an aggressive and well-substantiated C&D letter from a local IP attorney, outlining the impending legal costs and likelihood of nullification, is enough to force the squatter to assign the rights back to you voluntarily.
Contact Us
Are you facing a trademark squatter in Argentina? Reach out to our boutique IP practice. We specialize in aggressive, cost-effective brand recovery for foreign corporations.