Trademark Infringement and Enforcement in Argentina: What to Do When Someone Copies Your Mark

Written by: María Laura Cristín, Argentine Attorney | Admitted, Santa Fe Bar Association, since 2015 | Advises on trademark registration, intellectual property, and commercial disputes in Argentina

Table of Contents

Quick answer

Registering your trademark with INPI gives you the right to stop someone else from using it, but registration alone does not stop a copycat. If another business in Argentina is using your mark, a confusingly similar one, or your logo on its products or storefront, you generally have four tools, usually in this order: a cease and desist letter, a civil court action for damages and an injunction, a criminal complaint if the use looks like deliberate counterfeiting, and a customs recordal if fakes are entering or leaving the country. Which one you reach for first depends on how serious the copying is and how fast you need it to stop.

This is a different problem from a trademark opposition in Argentina. Opposition happens before your mark is registered, when someone objects to your application at INPI. Infringement happens after you already hold a registration, when someone else starts using your mark without permission. INPI does not resolve infringement disputes. Once your registration is granted, enforcing it is a matter for the courts, not the trademark office.

Infringement versus opposition: why the distinction matters

It is easy to lump these together because both involve a conflict over a trademark, but they sit at opposite ends of the registration process and they call for different action.

Opposition is a procedural objection filed with INPI during the application stage, typically because an earlier, similar mark already exists. It is resolved administratively, inside the registration process, and it is about whether your mark should be granted at all.

Infringement comes later. Your mark is already registered. Somebody else, who has no registration of their own or whose registration does not cover what they are actually doing, starts using an identical or confusingly similar sign on competing or related goods and services. That is a dispute about your existing rights, and INPI has no power to order anyone to stop. You take it to the Federal Civil and Commercial Courts, or in serious cases, the Federal Criminal Courts.

If you are not sure which situation you are in, the practical test is simple: has your mark been granted yet? If not, you are likely dealing with opposition. If it has, and someone is now using it anyway, you are dealing with infringement.

Step 1: Document what is happening before you do anything else

Before sending a single letter, build a record. This matters because Argentine courts and the Boletín Oficial trademark registry will expect evidence, not just your word, if the dispute escalates.

Useful things to gather:

Screenshots or photographs of the infringing use, dated, showing the product, packaging, signage, or website
Purchase receipts or invoices if you were able to buy the infringing product
Your own registration certificate and INPI registration number
Any correspondence you already had with the infringing party
Evidence of how long the infringement has been going on, since this affects both strategy and prescription periods

This record is what your lawyer uses to decide whether this looks like an isolated, possibly unintentional overlap, or deliberate, large-scale counterfeiting, because the two call for different responses.

Step 2: Send a cease and desist letter

In most cases, this is the first formal step, and it resolves more disputes than people expect. A cease and desist letter, often sent in Argentina as a carta documento, a certified letter with legal weight, puts the infringing party on formal notice: it identifies your registration, describes the infringing use, and demands that it stop within a set period.

A cease and desist letter is inexpensive relative to litigation, it creates a paper trail that is useful later if the matter does escalate to court, and it often works, particularly against smaller resellers, local copycats, or businesses that were not aware a conflicting registration existed. It will not work against a determined counterfeiter operating at scale, and you should not expect it to.

Step 3: Civil action, if the letter does not resolve it

If the infringing party ignores the letter or disputes your rights, the next step is a civil action before the Federal Civil and Commercial Courts. Under Argentina’s Trademark Law 22.362, a registered owner can ask the court for:

An order that the infringer stop using the mark
Seizure and destruction of infringing goods and the materials used to produce or apply the mark
Damages for the harm caused
Publication of the judgment against the infringer, at the infringer’s expense, which has real reputational value in smaller or specialized markets

Civil claims are subject to a prescription period, generally three years from the infringing act, or one year from when you actually learned of it, whichever applies to your facts. This is one more reason not to sit on evidence once you find it.

Courts can also grant provisional measures while the case is pending, including suspending the infringer’s use of the mark and placing an embargo on infringing goods, so you are not necessarily waiting for a final judgment before the copying stops.

Step 4: Criminal complaint, for counterfeiting

Trademark Law 22.362 also makes certain conduct a criminal offense, not just a civil wrong. This applies to conduct that goes beyond an honest dispute over similar branding, such as knowingly forging a registered mark, or selling or commercializing goods bearing a counterfeit or fraudulently imitated mark. Criminal action in these cases is public, meaning once a complaint is filed, the matter proceeds through the federal criminal courts rather than depending entirely on the trademark owner to carry it forward.

A criminal complaint is the right tool when you are dealing with organized counterfeiting, not a competitor who used a confusingly similar name in good faith. It carries real consequences for the infringer, and it also tends to move faster when paired with a request for precautionary seizure of counterfeit stock.

Step 5: Customs recordal, if fakes are crossing the border

If counterfeit goods bearing your mark are entering Argentina, or in some cases passing through it in transit, you can record your trademark with Argentine customs authorities. A customs recordal allows border officials to flag and detain shipments that appear to carry your mark without authorization, rather than waiting for the goods to reach the local market before you can act.

This is particularly relevant if you are a foreign brand owner and your main exposure to Argentina is through imported counterfeit stock rather than a locally operating competitor. It works alongside, not instead of, the civil or criminal routes above.

A reform worth knowing about

In February 2026, Argentina and the United States signed a Reciprocal Trade and Investment Agreement that includes specific intellectual property commitments. Among them, Argentina committed to strengthening enforcement against counterfeiting and piracy, including introducing criminal sanctions with real deterrent effect, giving customs authorities the power to act on their own initiative against goods in transit, and increasing penalties for counterfeiting linked to organized criminal activity.

These are commitments tied to a bilateral agreement, not yet a finished package of domestic legislation, so brand owners should treat this as a sign of where enforcement is heading rather than a change that has already taken full effect. We track developments like this as part of our work with international clients registering and enforcing marks in Argentina, and we will update this guide as implementing legislation moves forward.

Mistakes that show up most often

Waiting too long to act. The longer an infringing use continues unchallenged, the harder it can become to argue urgency for provisional measures, and you risk running into prescription periods on civil claims.

Going straight to litigation without a cease and desist letter. Courts and opposing counsel both tend to view litigation more favorably when you can show you gave the other side a fair chance to stop first.

Treating every lookalike as a registered infringer. Not everyone using a similar name has no rights at all. Before escalating, it is worth checking whether the other party has its own registration covering different goods or services, which changes the analysis considerably.

Assuming INPI can make the infringement stop. INPI handles registration and opposition. It does not have the power to order a competitor to stop using your mark. That authority sits with the courts.

Not recording your mark with customs when most of your exposure is counterfeit imports. Civil and criminal cases take time. A customs recordal can stop goods before they ever reach a shelf.

Frequently asked questions

Does my Argentine trademark registration automatically stop someone from copying it? No. Registration gives you the legal right to stop unauthorized use, but enforcing that right requires action on your part, whether that is a cease and desist letter, a civil action, or in serious cases, a criminal complaint. Nothing happens automatically.

Can INPI order someone to stop infringing my trademark? No. INPI’s role is registration and opposition during the application process. Infringement disputes involving a mark that is already registered are resolved through the Federal Civil and Commercial Courts, or the Federal Criminal Courts for counterfeiting.

What is the difference between a civil case and a criminal case for trademark infringement in Argentina? A civil case seeks to stop the infringing use and recover damages, and is brought by the trademark owner. A criminal case applies to conduct like knowingly forging a registered mark or commercializing counterfeit goods, and once filed, proceeds as a public criminal matter through the federal criminal courts, with penalties that can include imprisonment and fines.

How long do I have to bring a civil claim for trademark infringement? Civil claims are generally subject to a three year prescription period from the infringing act, or one year from when the trademark owner actually learned of it, depending on the facts. Because this period runs regardless of how busy you are, it is worth acting on infringement promptly rather than letting it sit.

What if the infringing goods are coming from outside Argentina? If counterfeit goods bearing your mark are being imported, or in some cases moved in transit through Argentina, recording your trademark with Argentine customs allows border authorities to detain suspected shipments, in addition to any civil or criminal action you pursue against the seller.

If someone is using your mark without permission

Enforcement moves faster when your registration is solid from the start and your evidence is organized before you send the first letter. Our team can review what is happening, help you document it properly, and advise on whether a cease and desist letter, a civil action, or a criminal complaint fits your situation. If you have not yet registered your mark in Argentina, start with trademark registration in Argentina, since enforcement options depend on having that registration in place.

Prefer to work in Spanish? Our abogado de marcas en Argentina page covers the same services in Spanish.

This article was reviewed by María Laura Cristín, our Argentine attorney based in Santa Fe.

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This article is general information, not legal advice. Enforcement strategy depends on the specific facts of your situation, including the nature of the infringement and the evidence available. For advice on a specific case, speak to a qualified lawyer. Authored and reviewed by María Laura Cristín, Argentine Attorney, admitted to practice before the Santa Fe Bar Association since 2015. She advises businesses and international clients on trademark registration, intellectual property, corporate law, contracts, market entry, regulatory compliance, dispute resolution, and commercial matters in Argentina.