The “Toda la Clase” Ban: Why Writing “All Goods in Class” Is a Fatal Error in Argentina

For decades, Argentine trade mark practice allowed applicants to file for protection covering “toda la clase” — literally, “all the class” — meaning every product or service listed in a given Nice Classification class. This was a defining feature of the Argentine system, allowing a single application to claim blanket coverage across an entire class without specifying individual goods or services. That practice ended on November 15, 2019, when INPI Resolution 288/2019 came into effect.

What the Old System Allowed

Under the former practice, established by Disposition No. 3/61 of the former National Directorate of Industrial Property, an applicant who wanted to cover all products in a class simply wrote “T” (for “toda la clase”) on the application form. The examiner would accept this as covering every good or service within the designated class. This practice was efficient for applicants but created significant problems: it resulted in registrations with overbroad coverage that often far exceeded the owner’s actual commercial activity, blocking competitors from registering marks for goods the owner never intended to use.

What Changed

Resolution 288/2019 implemented two fundamental changes:

1. Mandatory Specification of Goods and Services

Every new trade mark application must now include a specific listing of the goods and/or services the mark will distinguish. The applicant cannot simply write “all goods in Class 9” or use the “T” designation. Each product or service must be individually identified.

2. Integration of TMclass

INPI adopted the TMclass harmonised classification tool, developed in cooperation with the European Union Intellectual Property Office (EUIPO). Applicants are required to use TMclass-validated terms when filing electronically through INPI’s online portal. The system provides a database of pre-approved terms that can be selected and added to the application. Applicants may also add custom terms for products or services not yet listed in TMclass, but these may be subject to additional examiner review.

What Happens If You Write “Toda la Clase”

An application filed after November 15, 2019 that claims “toda la clase” or “all goods in Class [X]” will receive an immediate formal objection from INPI. The applicant will be required to amend the specification to list individual goods or services. If the applicant fails to respond to the objection within the prescribed deadline (30 calendar days, with limited extensions), the application will be rejected.

This is not a discretionary decision by the examiner — it is an automatic consequence of failing to comply with the specification requirement. Filing with “toda la clase” is, in practical terms, a fatal procedural error that either forces a correction or results in refusal.

Impact on Existing Registrations

Resolution 288/2019 applies prospectively. Existing registrations and renewals of marks that were originally filed with “toda la clase” coverage are not retroactively affected. These registrations retain their broad coverage for the remainder of their current term. However, when a mark originally registered with “toda la clase” comes up for renewal, the owner must now specify the goods or services, bringing the registration into compliance with the new system.

Furthermore, since June 2023, it has been possible to request the partial cancellation of a trade mark registration for goods or services that have not been used. This means that even older “toda la clase” registrations can now be trimmed by third parties who demonstrate that the owner has not used the mark for specific goods within the broad class coverage.

Nice Classification Reclassification Trap

An additional complication arises from the fact that the Nice Classification is periodically revised. Products and services are sometimes reclassified from one class to another between editions. When a mark originally filed under “toda la clase” is renewed, the owner must ensure that any goods reclassified into a different class are covered by a separate reclassification application filed simultaneously with the renewal. Failure to do so results in the loss of protection for those reclassified goods.

Why the Change Was Made

The elimination of “toda la clase” served two policy objectives. First, it promotes fair competition by preventing applicants from monopolising entire classes of goods or services they have no intention of using commercially. Under the old system, a single registration with blanket class coverage could block competitors from registering legitimate marks for goods the owner never sold. Second, it aligns Argentina with international practice. Most major trade mark offices worldwide — including the USPTO, EUIPO, and the offices of Brazil, Mexico, and Colombia — require specific goods and services listings. The adoption of TMclass terminology further harmonises Argentine practice with the global standard.

Strategic Recommendations

• Always specify goods and services: When filing a new application in Argentina, prepare a detailed specification of the goods or services the mark will actually cover. Use TMclass-validated terms wherever possible.
• Be commercially realistic: List the goods you actually use or intend to use. Overreaching with an excessive specification may invite non-use cancellation actions for goods the mark does not cover in practice.
• Plan renewals carefully: If you hold existing “toda la clase” registrations, prepare the specific goods listing well before the renewal deadline. Check for Nice Classification reclassifications and file reclassification applications as needed.
• Use TMclass proactively: INPI has reported that applications using TMclass-validated terms are published significantly faster (within 12 days) compared to those requiring manual classification review (over 40 days).
• Consider filing across multiple classes: If your business covers goods in several classes, file separate applications for each class with a precise specification, rather than attempting to force all goods into a single class.

Key Takeaway

The “toda la clase” era is over. Resolution 288/2019 requires every Argentine trade mark application to specify the individual goods or services it covers. Writing “all goods in Class [X]” will result in a formal objection and, if uncorrected, rejection. Applicants must prepare detailed, commercially realistic specifications using TMclass, and owners of older broad registrations must plan ahead for renewals and reclassifications. The Argentine system now aligns with international practice, but the transition requires careful attention to specification drafting.