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The average time frame for the registration approval is 12 months, if no objections or oppositions arise.
The entire territory of Mexico is the limitation.
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
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.
Yes. Third-parties especially business competitors may request the trademark authorities to cancel your registration on the ground of non-use.
In addition, for marks registered after August 10, 2018, the Trademark Office in Mexico requires to file a declaration of use 3 years from the registration date. Furthermore, all renewal requests must include a declaration of use.
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.
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.
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.
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.
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.
You must use the trademark within 3 years from the date it was registered and, if your mark was registered after August 10, 2018, you must also file a declaration of use 3 years from the registration date.
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.
Finally, to renew your trademark registration, you must file a declaration of use along with the renewal application.
It is valid for 10 years starting from the date of application. Note that the computation will NOT start from the date of registration.
Count 10 years from the date you filed the application.
It is illegal to use an unregistered trademark for commerce and trade.
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.
Visit the online page of the trademark office at http://www.impi.gob.mx.
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.
Yes. Opposition was made available since September 1, 2016.
Interested parties (contact us for more information).
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.
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
Trademark applications are published in the Industrial Property Gazette for opposition purposes within 10 business days from filing. Third parties can file an opposition within one month from publication.
Yes, Mexico is one of the signatories of the Madrid Protocol.
If your mark was registered after August 10, 2018, you must file a declaration of use 3 years from the date the registration was granted. In addition, all marks must present a declaration of use when renewing the registration, 10 years from the registration date.
Count 10 years from the date you renewed your mark.
Count 10 years from the date you filed the application.
You must file a declaration of use along with the renewal application.
When the trademark has expired, you can still renew it within 6 months starting from the expiration date.