Trademark Declaration of Use in Argentina

File Your Mid-Term Declaration of Use on Time

Argentine trademark owners must file a sworn declaration of use with INPI after the fifth anniversary of grant and before the sixth. Brealant tracks the deadline and, working with registered local agents, prepares and files the declaration for you.

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Essential Guide to the Declaration of Use in Argentina

Protecting Your Brand with Brealant's Expertise

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Legal Basis
Law No. 27.444 (2018) amended Article 26 of Trademark Law No. 22.362: once the fifth year from grant has passed, and before the sixth year ends, the owner must file a sworn declaration on the use made of the mark. Decree 242/2019 and INPI rules set out how it works.
Which Marks Are Affected
The obligation applies to registrations granted on or after 12 January 2013. Each registration covers one Nice class, so each needs its own declaration.
What You Declare
On INPI's form, the owner states under oath that the mark has been used in its first five years and lists the goods or services it has actually been used for. It is a separate step from renewal and does not extend the registration.

A Hassle-Free Declaration Process with Brealant

Contact
Reach out to Brealant with the registrations that are reaching their fifth anniversary, or ask us to track the dates for your portfolio.
Search
We check each registration on the INPI register: owner, class, grant date and whether a declaration is already on file.
Quote
Receive a quote covering the official INPI fee and our professional fee.
Pay
Proceed with secure payment for the selected services.
File
You confirm which registered goods or services the mark is used for, and our registered local agent files the sworn declaration with INPI.
Wait
INPI records the declaration against the registration.
Response
You receive confirmation of filing, together with the date your renewal falls due.

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Clear, Simple Steps to Declare Use of Your Trademark

The declaration is due in the year that starts on the fifth anniversary of grant and ends on the sixth. Before filing, review how the mark is really being used in Argentina and list only the goods or services that use covers. Keep evidence such as invoices, catalogues, advertising and packaging: the declaration is made under oath, and the owner may need to prove use if it is ever challenged.

Safeguarding Your Trademark in Argentina — With Brealant by Your Side

A missed declaration does not cancel the registration by itself, but the law then presumes the mark has not been used, which weakens your position if someone asks INPI to cancel it for non-use. It also blocks your next renewal until the declaration is filed and a late fee is paid. Brealant's reminders keep this date in view alongside your renewals.

Limitations

What the Declaration Cannot Do

The declaration is an important formality, but it has limits

It Does Not Renew the Mark
Filing the declaration does not extend the 10-year term. Renewal is a separate request, with its own sworn statement of use.
It Does Not Prove Use
The declaration is a sworn statement. If use is challenged, the owner still has to prove it with evidence.
It Cannot Add Goods or Services
The declaration concerns the goods or services already registered and cannot extend protection to anything new.
It Does Not Prevent Cancellation
INPI can still cancel the mark, in whole or in part, for goods or services it has not been used for in Argentina in the 5 years before a request.
It Does Not Update Ownership
If the mark has changed hands, the assignment must be recorded with INPI separately.

Brealant reviews the register and your actual use before each declaration so these points are dealt with early.

What a Declaration of Use Protects

Filing on time keeps your registration in good standing, including

No Presumption of Non-Use
Avoiding the legal presumption that the mark has not been used, which would otherwise count against you.
A Clear Path to Renewal
INPI will process your renewal without waiting for an outstanding declaration and late fee.
A Stronger Position in Disputes
A clear record of use helps when you oppose similar marks or answer a non-use cancellation request.
A Register That Reflects Your Business
A periodic check that the registration matches the goods or services you actually sell.

A timely declaration is a small step that keeps your registration in good order.

Timeline for the Declaration of Use in Argentina

The declaration follows a fixed point in the life of each registration

Fifth Anniversary of Grant
The one-year window to file the declaration opens.
Review of Use
Brealant contacts you to confirm which registered goods or services the mark is used for in Argentina.
Filing
The sworn declaration and the official fee are filed with INPI through our local agent.
Sixth Anniversary of Grant
The window closes. A later filing is still possible, but INPI charges an extra fee for each year of delay.

After the declaration, the next deadline is renewal, due 10 years from grant.

Understanding Declaration of Use Costs in Argentina — Simplified with Brealant

The cost depends mainly on the number of registrations and on filing on time

Official Fees
INPI charges a fee for each declaration, plus an extra fee for each year it is filed late. INPI fees are set in UMAPI units whose peso value is updated monthly, so we confirm the amount when you instruct us.
Professional Fees
Cover the work of Brealant and our local agent: checking the register, preparing the declaration with you, filing it and reporting back. We quote them in advance.

Filing within the window avoids the late fees and keeps your renewal free of delays.

Brealant support specialist providing continued trademark support

Continued Trademark Protection in Argentina — Supported by Brealant

Beyond the declaration of use, Brealant can help with renewals, watching for conflicting applications, recording assignments and licences, and responding to non-use cancellation requests, working with registered local agents in Argentina.

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Frequently Asked Questions

What is the mid-term declaration of use in Argentina?

A sworn statement, filed with INPI, on the use made of a registered trademark during its first five years. It was introduced by Law No. 27.444, which amended Article 26 of Trademark Law No. 22.362.

When must the declaration be filed?

After the fifth anniversary of the grant of the registration and before the sixth anniversary.

Which registrations need a declaration?

Registrations granted from 12 January 2013 onwards. Each registration covers one Nice class, so a mark registered in several classes needs a declaration for each registration.

What goods or services should the declaration list?

The registered goods or services the mark has actually been used for in Argentina. Listing goods or services that are not in use is a false sworn statement and will not protect them from cancellation.

Do I need to file evidence of use?

INPI's form is a sworn statement and does not ask for evidence. Keep invoices, catalogues and advertising, as you may need to prove use if the mark is challenged.

What happens if I do not file it?

The registration remains in force, but the law presumes the mark has not been used unless you prove otherwise. INPI will also not process a renewal until the declaration is filed and the late fee is paid.

Can I file the declaration late?

Yes. A late declaration is accepted, but INPI charges an extra fee for each year of delay, and the presumption of non-use applies until it is filed.

How does the declaration relate to non-use cancellation?

They are separate. INPI can cancel a mark, in whole or in part, for goods or services it has not been used for in Argentina in the 5 years before the request, unless there was force majeure. Filing the declaration does not prevent this, but not filing it makes non-use easier to presume.

Is the declaration the same as renewal?

No. Renewal, due every 10 years, has its own sworn statement of use. The mid-term declaration is an extra filing between the fifth and sixth year that does not change the expiry date.

Can Brealant file the declaration for a mark it did not register?

Yes. We can file declarations for existing Argentine registrations, working with our registered local agent, once we have checked the register and the owner's details.