No. Periodic statement or declaration of use is not mandatory.
Yes, Mexico is one of the signatories of the Madrid Protocol.
Opposition cases are conducted pre-grant (started last September 1st 2016).
Registration of trademark will allow the owner to enjoy some rights namely:
- Exclusive commercial use of the mark
- Oppose applications that have likeness with their mark
- Request an action to cancel applications that are identical to their mark
- Request an action to confiscate counterfeit products
- Receive damages due to infringement
- Protect their mark against infringement cases
Yes. Your registered mark is vulnerable to getting cancelled:
- if it violates propriety rights,
- if there is breach of contract,
- if mark is proven non-registrable (refer to non-registrable marks), if mark is proven to violate Article 6bis, Article 6ter and Article 6septies and Article 8 of the Paris Convention,
- if mark is misleading, deceptive, immoral, etc.
Interested parties (contact us for more information).
Yes. Opposition was made available since September 1, 2016.
Yes. The law mandates applicants to use the trademark before applying for registration. They are required to submit a documentation of when the mark was first use. Otherwise, they have to prove that the mark is not yet in use and that they have intention to use it.
Visit the online page of the trademark office at http://www.impi.gob.mx.
Mexican law mandates owners to register their trademarks in order establish their rights. The first person to file for application is entitled for registration. Ownership cannot be relied upon use since common-law rights are not available.