No Madrid Protocol in Argentina: Why You Must File Directly with INPI

Unlike most major trade mark jurisdictions in Latin America — including Colombia, Mexico, and Brazil — Argentina is not a member of the Madrid Protocol. This means that foreign applicants cannot use WIPO’s international registration system to extend trade mark protection to Argentina. Every applicant seeking registration in Argentina must file a national application directly with INPI, Argentina’s National Institute of Industrial Property.

What the Madrid Protocol Is

The Madrid Protocol (formally, the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks) is an international treaty administered by WIPO that allows trade mark owners to seek protection in multiple countries through a single application filed with their home office. The applicant files one international application, designates the countries where protection is desired, and WIPO transmits the application to each designated country’s trade mark office for examination under local law.

The system streamlines multi-jurisdictional filing, reduces costs, and allows centralised management of renewals and other administrative actions. As of 2025, over 130 countries are members of the Madrid System, including Argentina’s major trading partners and neighbours: Brazil (acceded in 2019), Mexico (acceded in 2013), and Colombia (acceded in 2012).

Argentina’s Position

Argentina has not acceded to either the Madrid Agreement or the Madrid Protocol. There has been periodic discussion within Argentine legal and commercial circles about joining the system, but no formal steps toward accession have been taken. The reasons for Argentina’s non-participation are complex and include concerns about the impact on the domestic trade mark practice, the potential for a flood of international registrations without adequate local examination, and the broader political context of international treaty adhesion.

The practical consequence is straightforward: there is no shortcut to Argentine trade mark protection. Every applicant, whether domestic or foreign, must file a standalone national application with INPI.

Filing Requirements for Foreign Applicants

Foreign applicants filing directly with INPI must comply with the following requirements:

Legal Address in Buenos Aires

Every applicant must establish a legal domicile (domicilio legal) in the city of Buenos Aires for the purpose of receiving official notifications from INPI. This is typically provided through a local trade mark agent or attorney.

Power of Attorney

A special, notarised power of attorney is required. For applicants from countries that are members of the Hague Convention (Apostille Convention), the power of attorney must be apostilled. For applicants from non-member countries, it must be legalised through the Argentine Consulate in the applicant’s home country. The digital copy of the power of attorney must be filed within 40 business days from the filing date.

Priority Claim

Foreign applicants claiming priority under the Paris Convention must provide a certified copy of the priority document along with a sworn Spanish translation certified by an Argentine sworn translator. This must be submitted within 90 days from the filing date.

Specification of Goods and Services

Since November 2019, applications must include a specific listing of goods and services using TMclass-validated terms. The former practice of claiming “toda la clase” is no longer permitted.

Electronic Filing

All trade mark applications, renewals, and oppositions must be filed electronically through INPI’s online portal. Electronic filing has been mandatory since November 2019.

Comparison with Madrid Protocol Filing

For companies managing international portfolios, the absence of Madrid Protocol coverage for Argentina means:

• Separate application required: Argentina cannot be designated as part of an international registration. A standalone application must be prepared and filed.
• Separate renewal management: Argentine registrations are renewed independently of any international registration. The 10-year renewal cycle, mid-term declaration of use, and reclassification obligations must be managed separately.
• Local representation required: A Buenos Aires-based agent is mandatory for all foreign applicants, adding a layer of coordination.
• No centralised recording: Assignments, mergers, name changes, and other portfolio changes must be recorded separately with INPI. They cannot be processed through WIPO’s centralised system.

Impact on Regional Strategy

Companies building a Latin American trade mark portfolio often use the Madrid Protocol to cover Brazil, Mexico, and Colombia in a single filing. Argentina must be treated as a separate filing project alongside any Madrid designation for the region. This requires budgeting for separate official fees, agent fees, and the additional administrative burden of compliance with Argentine-specific requirements (particularly the mid-term declaration of use and the goods specification rules).

Strategic Recommendations

• Include Argentina in your filing plan from the start: Do not assume that a Madrid Protocol filing covering Latin America will include Argentina. Plan a separate national filing with INPI.
• Engage a local agent early: The Buenos Aires domicile requirement and the notarised power of attorney need advance preparation. Allow lead time for apostillisation or consular legalisation.
• Prepare a Spanish-language specification: While INPI accepts TMclass terms, work with your local agent to ensure the Spanish-language goods description accurately reflects your commercial activity.
• Budget for Argentine-specific obligations: Factor in the mid-term declaration of use, the reclassification requirement at renewal, and the separate management overhead when costing your Argentine trade mark programme.
• Monitor for accession: While there is no current indication of imminent accession, continue to monitor Argentine legislative developments. If Argentina does join the Madrid Protocol in future, it may open new filing options for portfolio holders.

Key Takeaway

Argentina stands apart from its major Latin American neighbours in not belonging to the Madrid Protocol. Foreign applicants must file national applications directly with INPI, complete with a Buenos Aires domicile, apostilled power of attorney, and a specific goods specification. There is no shortcut. Companies filing internationally must treat Argentina as a separate project with its own requirements, deadlines, and compliance obligations — and plan accordingly.