Is Your Argentine Brand Protected in the United States?
¿Su marca argentina está protegida en Estados Unidos?
Argentine wine, food, agricultural technology, and design brands sell into the U.S. through importers, restaurants, and online stores. Argentina is not a Madrid Protocol member, so a direct application to the USPTO is the only route, and a U.S.-licensed attorney is required for Argentine owners.
Argentine trademark filings at the USPTO, 2021 to 2026
Argentine applicants filed about 300 to 400 U.S. applications a year from 2021 to 2025, led by wine in Class 33. Wineries, food producers, and the national football association are among the most active filers.
U.S. applications filed by Argentine owners
Applications per filing year from owners with an address in Argentina. The 2026 bar covers January through September.
View data table
| Filing year | Filed | Registered to date | Via Madrid |
|---|---|---|---|
| 2021 | 296 | 160 | 0 |
| 2022 | 295 | 156 | 0 |
| 2023 | 407 | 146 | 0 |
| 2024 | 337 | 130 | 0 |
| 2025 | 296 | 117 | 0 |
| 2026 (Jan.–Sept.) | 181 | 12 | 0 |
Most common classes in Argentine filings
Applications naming each class, 2021 to 2025. A filing can name more than one class.
Argentina's leading sectors: wine and spirits, food and confectionery, agricultural biotechnology, sports, and design.
Top five Argentina-based owners of live U.S. trademark registrations
Current owners with an address in Argentina, ranked by the live U.S. registrations they hold. In all, 1,852 live U.S. registrations list an owner in Argentina.
View data table
| Rank | Owner | Live U.S. registrations |
|---|---|---|
| 1 | Molinos Río de la Plata S.A. | 40 |
| 2 | Grupo Peñaflor S.A. | 32 |
| 3 | La Rural Viñedos y Bodegas S.A. | 21 |
| 4 | Arcor S.A.I.C. | 19 |
| 5 | Bodegas Esmeralda S.A. | 19 |
Counts the last listed owner of each live registration, grouping variations of the same company name. Registrations held through U.S. subsidiaries are not included.
How we counted. USPTO trademark records, retrieved October 27, 2026, counting applications by filing date where an owner's address is in Argentina. Brands owned through U.S. subsidiaries are counted under the U.S. The "registered" figures include registrations later cancelled.
How Argentine applications fare at the USPTO
The USPTO issued 194 registrations to Argentine owners in 2025, up 54% from 2021. Today, 1,856 live U.S. registrations and 435 pending applications name an owner in Argentina.
Applications filed and registrations issued
Applications by filing year, and registrations by the year they issued. A registration usually issues 12 to 18 months after filing.
View data table
| Year | Applications filed | Registrations issued |
|---|---|---|
| 2021 | 296 | 126 |
| 2022 | 295 | 138 |
| 2023 | 407 | 158 |
| 2024 | 337 | 168 |
| 2025 | 296 | 194 |
How Argentine owners file: the filing basis
Share of 2021–2025 applications claiming each basis. An application can claim more than one.
Intent to use lets a brand reserve its U.S. rights before launch. Because Argentina is not a Madrid member, none of these filings could use the Madrid route.
View data table
| Basis | Applications | Share |
|---|---|---|
| Intent to use · § 1(b) | 1,018 | 62% |
| Use in U.S. commerce · § 1(a) | 319 | 20% |
| Home registration · § 44(e) | 238 | 15% |
| Priority claim · § 44(d) | 141 | 9% |
| Madrid designation · § 66(a) | 0 | 0% |
What happened to Argentine applications, by filing year
Status today of applications filed each year. Recent years are still largely pending.
View data table
| Filing year | Registered | Abandoned | Pending or other |
|---|---|---|---|
| 2021 filings | 160 | 136 | 0 |
| 2022 filings | 156 | 124 | 15 |
| 2023 filings | 146 | 183 | 78 |
| 2024 filings | 130 | 149 | 58 |
| 2025 filings | 117 | 77 | 102 |
Most abandonments follow an unanswered USPTO refusal or a missed deadline to file a statement of use. Both are avoidable with a U.S. attorney docketing the file.
An INPI Argentina registration stops at the border
Trademark rights are territorial. A registration from Instituto Nacional de la Propiedad Industrial (INPI Argentina) protects your brand in Argentina, and nowhere else. In the United States, another company can file for the same name, and if it files first or uses it first, it can block your products, your Amazon listings, and your U.S. distributors.
Most Latin American systems give rights to whoever registers first. The U.S. system is different: rights come from use in the U.S., and a federal registration extends them nationwide. An application filed before you launch, on an intent-to-use basis, secures your U.S. priority date before your first shipment.
Signs you should file in the U.S. now
- You are appointing a U.S. importer, distributor, or franchisee
- You plan to sell on Amazon.com or other U.S. marketplaces
- Your products are already sold in Miami or elsewhere in the U.S.
- You are opening a U.S. location or a U.S. subsidiary
- You have found a U.S. company using a similar name
Grape varieties such as Malbec and regional names such as Mendoza are not distinctive for wine. A U.S. wine brand needs its own name, with the variety and region shown as descriptive information.
How a Argentine brand gets U.S. protection
A direct USPTO application
Argentina is not a member of the Madrid Protocol, so a Argentine owner cannot extend an INPI Argentina filing to the U.S. through WIPO. Protection requires an application filed directly with the USPTO by a U.S.-licensed attorney.
The application can be based on use in U.S. commerce, a bona fide intent to use, or the Argentine filing itself under Section 44 of the Lanham Act.
Using your INPI Argentina filing in the U.S.
- Section 44(d): file in the U.S. within six months of your INPI Argentina application and claim its filing date as your U.S. priority date
- Section 44(e): rely on your INPI Argentina registration, so the U.S. registration can issue without proof of U.S. use
- Either way, U.S. use must be shown between years 5 and 6 to keep the registration
Why a Argentine owner needs a U.S. attorney
Since August 3, 2019, every applicant or registrant domiciled outside the United States must be represented before the USPTO by an attorney licensed in a U.S. state. That covers new applications, responses to refusals, oppositions, and post-registration filings.
We act as the U.S. attorney of record for Argentine companies and work alongside their INPI Argentina filing firm, which stays involved in the strategy.
Selling into the U.S.
- Amazon Brand Registry: Amazon recommends a trademark for each store you sell in, which for Amazon.com means a USPTO filing
- U.S. Customs recordation stops counterfeit imports once the mark registers
- Miami's port, airport, and distributors are the gateway for many Argentine products entering the U.S.
Who does what for your U.S. filing
Each matter is handled by a U.S.-licensed attorney, supported by paralegals and docketing staff who manage documents, deadlines, and communication. You always know who is responsible for each step.
Attorneys
Your U.S. attorney of record before the USPTO.
- Clearance search review and a written risk opinion
- Choice of owner, filing basis, and route (direct filing, with priority where available)
- Drafting goods and services in U.S. form
- Responses to USPTO refusals, oppositions, and letters of protest
- Enforcement against U.S. infringers and marketplace sellers
Paralegals and docketing
The people who keep your file complete and on time.
- Collecting INPI Argentina filings, certificates, and translations
- Reviewing specimens and evidence of U.S. use
- Preparing filings and USPTO forms for attorney review
- Docketing every USPTO and maintenance deadline
- Preparing CBP recordation and Amazon Brand Registry paperwork
Client communication
Built for owners and counsel outside the U.S.
- Service in English and Spanish
- WhatsApp and email updates at each step
- Copies of every USPTO notice with a plain explanation
- Invoices in U.S. dollars with wire instructions
- Coordination with your INPI Argentina filing firm
Working with your home counsel
Many Argentine brands reach us through their INPI Argentina filing firm. We take instructions from that firm, report back in Spanish or English, and keep the client relationship where it belongs. Our role is the U.S. side: filing, examination, deadlines, and enforcement.
Foreign Trademark Counsel explains how we work with firms abroad.
Fees and paying from abroad
- Invoices in U.S. dollars, with wire transfer instructions
- USPTO fees passed through at cost
- A written estimate before each filing or response
Top five filing mistakes Argentine applicants make
These are the errors we see most often in U.S. filings by Argentine brand owners. Most cannot be fixed after the application is filed.
Waiting for the INPI registration
INPI examination can take a long time. Waiting for the Argentine registration before filing in the U.S. gives others time to file first.
DelayFile in the U.S. on an intent-to-use basis, or claim priority within six months of the INPI filing.
Missing the six-month priority claim
A U.S. filing within six months of the INPI application can claim the Argentine filing date. Many owners miss the window.
Section 44(d)Calendar the U.S. filing when the INPI application is filed.
Treating grape varieties and regions as brands
Malbec, Torrontés, Mendoza, or Patagonia cannot distinguish one winery from another. Applications built on them are refused or must disclaim them.
Generic and geographic termsLead with a distinctive winery or label name.
Letting the importer own the U.S. mark
U.S. wine and food importers sometimes file the brand in their own name. When the importer changes, the winery may lose its own label in the U.S.
OwnershipFile in the producer's name and license the importer.
Weak specimens of U.S. use
A label approval or a home-country website does not prove U.S. sales. U.S. specimens must show the mark on goods sold or shipped in the U.S.
SpecimensUse photos of U.S.-labeled bottles or packaging and U.S. retail listings.
Frequently asked questions
Does my INPI Argentina registration protect my brand in the United States?
No. Trademark rights are territorial. A INPI Argentina registration protects your brand in Argentina only, and someone else can register it at the USPTO first.
Do I need a U.S. attorney?
Yes. Since August 3, 2019, applicants and registrants domiciled outside the U.S., including in Argentina, must be represented at the USPTO by a U.S.-licensed attorney.
Can I use the Madrid Protocol from Argentina?
No. Argentina is not a Madrid member, so U.S. protection requires a direct USPTO application.
Can I rely on my Argentine registration instead of U.S. use?
Yes. Under Section 44(e), a U.S. registration can issue based on the Argentine registration without U.S. use, but U.S. use must be shown between years 5 and 6.
How do I pay from abroad?
Our invoices are in U.S. dollars, with wire transfer instructions. Government fees are passed through at cost.
How long does a U.S. application take?
Most applications take 12 to 18 months from filing to registration. A refusal, an opposition, or an intent-to-use basis can add several months.
What if someone has already registered my brand in the U.S.?
We review the earlier registration to see whether it is vulnerable, for example for nonuse, abandonment, or bad faith by a former distributor. Options include a cancellation petition, a negotiated coexistence or assignment, or a change of brand for the U.S. market.
Can I register a Spanish word as my U.S. trademark?
Yes, but the USPTO translates it. If the English meaning describes the goods, the mark is refused just as the English word would be. The application must include a translation of any Spanish wording.
What does a direct U.S. application cost?
The USPTO filing fee is $350 per class. Professional fees are quoted in writing in U.S. dollars before filing.
Agende una consulta
Tell us your brand, what you sell, and where in the U.S. you plan to sell it. We will check the U.S. register, recommend the right filing basis, and give you a written estimate in U.S. dollars.
- U.S. clearance searches
- Direct USPTO filings with Section 44 priority
- Responses to USPTO refusals
- Amazon Brand Registry and U.S. Customs recordation