Trademark Search in Mexico

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Frequently Asked Questions
Is there a time frame for filing for a trademark registration?

The entire procedure from application to registration will take 12 months and longer if opposition exists.

If I register my trademark in Mexico, do I have protection in other territories?

The entire territory of Mexico is the limitation.

Do I need to sign a Power of Attorney?

A power of attorney is not a requirement for filing an application but it is useful in cases where:

  • the applicant needs to respond to any official request
  • the applicant must change an attorney
  • the applicant wants to withdraw the application

 

Are there any benefits from a pre-filing use of the trademark?

There is no benefit for using the mark before filing the application. However, in cases where two applicants filed for application at the same time and they are applying for identical marks, the applicant that can provide proof of earlier date of use will be granted the right for registration.

Will there be problems in case I don’t use my trademark after registration?

Yes. Third-parties especially business competitors may request the trademark authorities to cancel your registration on the ground of non-use.

What are the types of trademark that can be registered in Mexico?

Applicants are allowed to register marks/signs such as: words, slogans, names, colours, 3-dimensional shapes, trade dress and devices. Special requirements are applicable for each registrable mark.

What are the phases of application after a trademark has been filed in Mexico?

The application will first be examined by the trademark authorities. The trademark must meet all requirements for a registrable trademark. Compliance of all requirements will result to the mark’s registration and then details will be published for the public to see.

What type of trademark is not registrable?

Applicants are prohibited to register immoral marks, signs that contradict public order, names/flags/symbols of nations/states/international organization, generic name and non-distinguishable marks.

Does Mexico use the "Nice Classification" system?

Yes. Mexico uses the Nice Classification system. If the trademark will be used for multiple classes of goods, it is necessary to get an individual application for each class.

Is there any possibility to claim priority in Mexico?

Yes. If the applicant first filed the application in a country that is a member of the Paris Convention, that filing date can be considered as the filing date in Mexico. The application date must not exceed 6 months since the first filing.

What do I need to do to satisfy the use requirement?

You must use the trademark within 3 years from the date it was registered. More so, 3 consecutive years of not using the mark is also a ground for cancelled registration. To satisfy the requirements, the mark must be commercially used and the commerce or trade must happen in the jurisdiction of Mexico.

Once my trademark has been registered, for how many years will be valid?

It is valid for 10 years starting from the date of application. Note that the computation will NOT start from the date of registration.

What will be the renewal date of my trademark?

Count 10 years from the date you filed the application.

Is it legal to use my trademark even if it is not yet registered?

It is illegal to use an unregistered trademark for commerce and trade.

Does having a registered trademark in Mexico give me any right?

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.

What is the web address of the trademark national office?

Visit the online page of the trademark office at http://www.impi.gob.mx.

Is there any need to use my trademark before I apply for registration?

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.

Can a Trademark Application be opposed?

Yes. Opposition was made available since September 1, 2016.

Who can contest my trademark registration?

Interested parties (contact us for more information).

Is it possible to cancel a registration?

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.
Are there any rights established by having a registered trademark?

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
How long is the opposition period?

Opposition cases are conducted pre-grant (started last September 1st 2016).

Is Mexico a member of the Madrid System?

Yes, Mexico is one of the signatories of the Madrid Protocol.

Do I need to present periodic statement of use?

No. Periodic statement or declaration of use is not mandatory.

When should I renew my trademark?

Count 10 years from the date you renewed your mark.

What will be the renewal date of my trademark?

Count 10 years from the date you filed the application.

Is there any documentation that should be presented when renewing a trademark?

No documentation is required, but be ready to present a declaration of use and a proof that the trademark was not suspended for 3 or more years.

If my trademark expires, do I have a grace period?

When the trademark has expired, you can still renew it within 6 months starting from the expiration date.

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