Trademark Cease & Desist in Argentina

Stop Unauthorised Use of Your Brand

When another business in Argentina uses a name, logo or sign that is identical or confusingly similar to your registered mark, a formal cease and desist letter is usually the first step. In Argentina it is commonly sent as a carta documento, which gives proof of what was sent and when it arrived. Brealant prepares the letter with local counsel and advises you on the response.

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Essential Guide to Trademarks in Argentina

Protecting Your Brand with Brealant's Expertise

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Legal Definition of a Cease & Desist Letter
A cease and desist letter formally tells another party that its use of a sign infringes your trademark rights. Under Ley 22.362, ownership of a mark and the exclusive right to use it come from registration with INPI.
Purpose and Function of the Letter
It demands that the infringing use stop by a set date and puts the recipient on formal notice. Sent as a carta documento, it creates dated proof that can be used if the matter later goes to court.
Protecting Your Brand
Acting promptly shows that you enforce your rights and often settles the matter without proceedings. Civil claims under Ley 22.362 are subject to limitation periods, so delay can cost you remedies.

A Hassle-Free Enforcement Journey with Brealant

Contact
Tell Brealant about the infringing use you have found in Argentina.
Search
We check your registration at INPI and review the evidence of infringement.
Quote
Receive a fixed-fee quote for the letter and follow-up correspondence.
Pay
Proceed with secure payment for the service.
Send
Local counsel sends the letter, usually by carta documento, with a deadline to respond.
Wait
We watch for the other party’s reply within the deadline given.
Response
We advise on next steps: negotiation, further letters, or court action brought by local counsel.

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Clear, Simple Steps to Stop Infringing Use

In Argentina, a cease and desist letter sets out your registered rights, describes the infringing use and asks for it to stop within a set period. Sending it by carta documento gives reliable proof of its content and delivery. A clear, well-evidenced letter often resolves the matter without going to court.

Safeguarding Your Brand in Argentina — With Brealant by Your Side

Waiting lets infringing use become established and harder to stop, and civil claims are subject to limitation periods. Brealant helps you act quickly, with local counsel handling the letter and any proceedings in Argentina.

Limitations

What a Cease & Desist Letter Cannot Guarantee

A letter is often effective, but it has real limits

No Guaranteed Compliance
The recipient may ignore or dispute the letter, and further action may then be needed.
Not a Court Order
A letter is a demand. Only a court can order the use to stop, have goods seized or award damages.
Risk of Overreach
An unfounded or exaggerated claim can provoke a counterattack, such as a non-use cancellation request against your mark.
Weaker Without Registration
In Argentina, rights in a mark come from registration, so a letter based on an unregistered sign carries much less weight.
One Recipient at a Time
A letter addresses one party. It does not stop other sellers or importers using the same sign.

Brealant and local counsel check your rights before anything is sent.

What a Cease & Desist Letter Protects

A well-prepared letter protects several interests at once

Your Exclusive Rights
Your right, as registered owner, to control use of the mark in Argentina.
Your Market Position
Preventing customer confusion and dilution of your mark.
Your Evidence Trail
A dated record that you put the infringer on notice, useful if court action follows.
Your Brand Reputation
Stopping use on goods or services that could damage how customers see your brand.

Brealant makes sure your letter is firm, accurate and legally sound before it is sent.

Timeline for a Trademark Cease & Desist in Argentina

A letter is one of the quickest enforcement steps available

Instruction
You provide details and evidence of the infringing use.
Review
Brealant and local counsel confirm your INPI registration and assess the claim.
Drafting
The letter is written in Spanish and tailored to the specific infringement.
Sending
Local counsel sends it, usually by carta documento, with a clear response deadline.

How quickly the letter goes out depends mainly on how fast the evidence is gathered. We give you an estimate when we quote.

Understanding Cease & Desist Costs in Argentina — Simplified with Brealant

This is a professional service, not a government filing

Official Fees
No INPI fee applies to a cease and desist letter. Sending a carta documento involves a postal charge, and court action, if needed, has its own costs.
Professional fees
Brealant quotes the letter, including local counsel’s work, as a fixed fee before anything is done.

You know the cost of the letter before you decide to act.

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Continued Support After Your Cease & Desist Letter Argentina — Supported by Brealant

If the letter does not resolve the matter, Brealant coordinates with local counsel on the options under Ley 22.362: a civil action to stop the use and claim damages, court measures such as seizure or description of infringing goods, or a criminal complaint, since counterfeiting a registered mark and selling counterfeit goods are offences under the law.

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Frequently Asked Questions

Do I need a registered trademark to send a cease and desist letter in Argentina?

In Argentina, ownership of a mark and the exclusive right to use it come from registration with INPI, so a registration is the normal basis for a letter. Other grounds, such as unfair competition, can sometimes help, but the position is weaker.

What is a carta documento?

A carta documento is a formal letter sent through the postal service, which certifies its content and delivery. The sender keeps proof of what was sent and when it arrived. It is the usual way to send a formal demand in Argentina.

What if the other party ignores the letter?

Local counsel can bring a civil action in the federal courts to stop the use and claim damages, ask the court for measures such as seizure of infringing goods, or file a criminal complaint. Brealant coordinates this and keeps you informed.

Is trademark counterfeiting a crime in Argentina?

Yes. Ley 22.362 makes it an offence to counterfeit or fraudulently imitate a registered mark, to use a counterfeit mark and to sell goods bearing one. The penalty is imprisonment, and a fine may be added. Criminal cases are heard by the federal courts.

Could sending a letter expose me to a counterclaim?

An unsupported or overreaching letter can invite a response, for example a non-use cancellation request against your mark at INPI. That is why your rights and use of the mark are checked first.

Can this be used against online sellers as well as businesses?

Yes. For marketplace listings, a takedown request to the platform is often faster, and we can advise on combining both approaches.

What should an Argentine cease and desist letter include?

Your registration details, a description of the infringing use, what you want the recipient to do (for example stop the use, withdraw stock and confirm in writing) and a deadline to reply.

Is a letter required before starting court action?

No, it is not a legal requirement in Argentina, but it is usually the quickest and cheapest first step and often settles the matter.

What if the infringer is outside Argentina but sells into the country?

A letter can target the sales into Argentina. Imports of counterfeit goods may also be addressed through customs measures, and we can coordinate with counsel in the infringer’s country if needed.

Is the letter sent in English or Spanish?

It is written in Spanish, so it is clear to the recipient and can be used as evidence if the matter goes to court in Argentina.