Trademark Cancellation & Nullity in Argentina

Remove Marks That Block Your Brand

If an unused registration stands in the way of your brand, or a mark should never have been granted, Brealant works with registered local agents to bring a non-use cancellation (caducidad) or nullity (nulidad) action, or to defend your own registration when someone challenges it.

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Essential Guide to Trademarks in Argentina

How Unused and Invalid Marks Are Removed from the Register

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Legal Definition of Cancellation & Nullity
Under Trademark Law No. 22.362, as amended by Law No. 27.444, caducidad cancels a mark, in whole or in part, for goods or services on which it was not used in Argentina in the 5 years before the request. Nulidad declares void a mark that was registered in breach of the law, in bad faith, or by someone who registers marks in order to trade in them.
Who Decides
Since the 2018 reform, INPI's Dirección Nacional de Marcas decides non-use cancellations and nullity of marks registered in breach of the law, in an administrative procedure. Nullity claims based on bad faith or on registering marks to trade in them still go to the federal courts.
Protecting Your Interests
Whether you want to remove a blocking mark or defend your own, the outcome turns on evidence: proof of use in Argentina, or of the circumstances in which the challenged mark was filed.

A Hassle-Free Cancellation or Nullity Process with Brealant

Contact
Tell Brealant about the registration blocking you, or the challenge brought against your own mark.
Search
We check the target registration's age, declarations of use, signs of use in the market and the circumstances of its filing.
Quote
Receive a quote set out by stage, from filing to a possible court appeal.
Pay
Make a secure payment for the stage you instruct us on.
File
Our local agent files the request at INPI, gives the owner the required formal notice, or files your defence.
Wait
INPI sends the request to the owner, who can answer and file evidence, and we follow each deadline.
Response
You receive INPI's decision on whether the mark is cancelled or declared void, with our advice on any appeal.

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Clear, Simple Steps to Remove a Blocking Mark

In Argentina, a non-use cancellation or a nullity action under article 24(a) of the Trademark Law starts with a request to INPI. The person bringing it must show a right or a concrete legitimate interest, and must formally notify the registered owner before INPI sends the request on. The owner can answer and file evidence, and INPI then decides. Its decision can be appealed only to the federal civil and commercial court of appeals. A bad-faith nullity claim is instead brought as a lawsuit in the federal courts.

Safeguarding Your Brand's Path Forward in Argentina — With Brealant by Your Side

Because INPI no longer refuses a new application of its own accord for being similar to an earlier mark, owners of earlier marks must oppose, and an old registration that is no longer used can still be cited against you. Brealant reviews the target mark's history before recommending action, so you understand your real prospects of success.

Limitations

What Cancellation & Nullity Cannot Achieve

Both actions are useful, but each has real limits

Minimum Registration Age for Cancellation
Non-use cancellation can only be sought against a registration more than 5 years old, and only for goods or services on which the mark was not used in Argentina in the 5 years before the request.
Use on Related Goods Can Save the Mark
A mark is not cancelled for goods or services it was not used on if it was used on related or similar ones, even in another class, or forms part of a business name for a related activity. Force majeure is also a defence.
Limits of INPI's Powers
INPI only hears nullity claims that a mark was registered in breach of the law. Requests that rely, even partly, on bad faith or on registering marks to trade in them are not processed there and must go to the federal courts.
Time Limit on Nullity
The law sets a 10-year prescription period for nullity actions, so a challenge to an old registration should not be left too late.
Strict Deadlines and Partial Outcomes
Deadlines in INPI's procedure are final and cannot be extended, and a mark may be cancelled for only some of its goods or services, not all of them.

Brealant gives you a realistic view of the likely timing, cost and prospects before you proceed.

What a Cancellation & Nullity Protect

A successful action protects

Your Path to Registration
It clears the way for your own application in the same or overlapping classes.
Your Position in an Opposition
In an opposition at INPI, a non-use or nullity claim against the mark relied on by the other side can be raised within the same procedure.
Register Accuracy
It keeps the INPI register limited to marks that are validly granted and actually used in Argentina.
Your Investment
It stops a stale or defective registration from derailing your brand plans in Argentina.

Brealant assesses whether cancellation, nullity or both is the right route before you commit resources to the action.

Timeline for Trademark Cancellation & Nullity in Argentina

Timing depends on whether the owner defends the mark and whether the decision is appealed

Request and Formal Notice
The request is filed with INPI's Dirección Nacional de Marcas, and proof that the owner was formally notified must be filed within 60 calendar days.
Owner's Answer
INPI sends the request to the owner through its electronic platform, and the owner can answer and file evidence of use or other evidence.
Reply and Decision
If the owner brings new facts or documents, the requesting party can reply on those points, and INPI then decides.
Court Appeal
Either party can appeal within 30 working days of notice, directly to the Cámara Nacional de Apelaciones en lo Civil y Comercial Federal. The appeal is filed at INPI.

There is no fixed overall timeframe: an undefended action usually moves faster, while a defended action that goes to appeal can take considerably longer.

Understanding Cancellation & Nullity Costs in Argentina — Simplified with Brealant

Costs scale with whether the action is defended and appealed

Official Fees
INPI charges official fees set in UMAPI, a unit whose peso value is updated monthly, so the amount changes over time. We confirm the current figure when we quote.
Professional Fees
These depend on whether the action is defended, how much evidence is needed and whether it goes to a court appeal.

Brealant will assess your matter and quote before filing, so you know what to expect.

Brealant support specialist providing continued trademark support

Continued Support After Cancellation or Nullity in Argentina — Supported by Brealant

Once a blocking mark is removed, Brealant can move straight on to clearing and filing your own application with INPI, and to tracking your mid-term declaration of use and renewals, so your own registration does not become vulnerable to the same challenge.

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Frequently Asked Questions

What is the difference between caducidad and nulidad in Argentina?

Caducidad cancels a mark that has not been used in Argentina for the 5 years before the request. Nulidad declares void a mark that should never have been registered, for example because it was granted in breach of the law or filed in bad faith.

How long must a mark be unused before it can be cancelled?

The registration must be more than 5 years old, and the mark must not have been used in Argentina on the goods or services concerned in the 5 years before the request, unless there was force majeure.

Who decides cancellation and nullity actions in Argentina?

INPI decides non-use cancellations and nullity of marks registered in breach of the law. Nullity based on bad faith, or on registering marks in order to trade in them, is decided by the federal courts.

Is there a deadline to bring a nullity action?

Yes. Article 25 of the Trademark Law sets a 10-year prescription period for nullity actions. Your local agent will check how it applies to the registration in question.

What happens if the owner did not file the mid-term declaration of use?

If the owner did not file the sworn declaration of use due between the 5th and 6th anniversary of grant, the mark is presumed not to have been used unless the owner proves otherwise.

Who can bring a cancellation or nullity request at INPI?

Under INPI's 2026 rules, the person requesting it must show an affected right or a concrete, current legitimate interest, such as wanting to register a similar mark. INPI can also act on its own initiative in limited cases.

Can a mark be cancelled for only some of its goods or services?

Yes. Non-use cancellation can be total or partial, so the mark may be cancelled for the goods or services it was not used on and stay registered for the rest.

Can a cancellation or nullity claim be raised in an opposition?

Yes. The opponent can raise it when maintaining the opposition, and the applicant when answering it. INPI then deals with it within the opposition procedure.

Can INPI's decision be appealed?

Yes. INPI's final decision can be appealed only by a direct appeal to the Cámara Nacional de Apelaciones en lo Civil y Comercial Federal, filed at INPI within 30 working days of notice.

Which rules apply to cancellation and nullity requests at INPI now?

INPI Resolution 215/2026, published in July 2026, replaced the earlier procedural rules. It applies to requests started after it took effect, with a transitional rule for pending cases where the owner has not yet appeared.