Hernán Cabaleiro (INPI): "Registering a trademark at an early stage of a project is a strategic decision"

Leaders League: What practical advice would you give to companies and entrepreneurs looking to make the most of the trademark protection offered by the Argentine system?

Hernán Cabaleiro: First, act early. In a system that now tends to provide faster responses, registering a trademark at an early stage of a project is a strategic decision to protect investment, organize business growth, and avoid future contingencies. A registered trademark safeguards the reputation, creative effort, and market positioning of its owners (entrepreneurs, companies—small and large).

Registering a trademark at an early stage of a project is a strategic decision

Second, choose signs with true distinctiveness. The new Argentina’s system focuses the official examination on absolute grounds and public order, so it is especially important to present signs that can adequately pass this initial analysis. The more distinctive the trademark, the greater its chances of obtaining solid protection. This logic aligns with the purpose of the recent reform: to accelerate the procedure without sacrificing the quality of the system's protection.

Third, keep the electronic plataform properly updated. In the new context, the system's agility also requires diligent user conduct. Electronic notifications are fully legally effective, and deadlines begin to run from the day after notification or publication, as applicable. Therefore, having the correct information and regularly checking the electronic plataform is now an essential part of a sound trademark protection strategy.

Finally, I would recommend understanding registration not as an isolated procedure, but as a concrete tool for protecting your investment. In an increasingly dynamic market, those who protect their distinctive assets in a timely manner are better positioned to grow, license, expand, and respond to disputes.

Looking ahead, what trends do you foresee in trademark protection in Argentina, particularly in the context of digitalization and new technologies?

The trend is clear: trademark protection will move towards an increasingly digital, agile, and intelligent model, without abandoning the high-quality legal analysis that the field demands.

An institution [National Director of Trademarks of the National Institute of Industrial Property] whose mission is to protect innovations, and distinctive signs cannot ignore the advantages offered by new technologies to improve its processes, optimize time, and provide more useful answers to those who invest, launch businesses, and compete in the market.

In this context, it is reasonable to anticipate greater use of technological tools to support the examination process and increasingly efficient information management. All of this should be translated into faster, more traceable, and more consistent decisions, with better access for users and stronger protection for the system as a whole.

But this technological evolution should not be seen as an end in itself. Its true purpose lies in improving the protection of rights: enabling entrepreneurs and companies to obtain a timely response, to defend their investments sooner, and for the trademark system to more effectively keep pace with the transformations of commerce, innovation, and the digital economy.

Ultimately, the challenge ahead will be to combine speed, technology, and legal soundness to consolidate a modern trademark regime that is up to date with new ways of creating value.