Trademark oppositions in Mexico are governed by Instituto Mexicano de la Propiedad Industrial (IMPI) under Articles 221 to 230 of the Federal Law for the Protection of Industrial Property.
In Mexico, substantive examination is conducted after the opposition period. Therefore, when an opposition is filed, the INPI does not immediately serves the same on the opposite party. Rather, it conducts the substantive examination procedurally and then communicates the opposition along with office action, if any.
- Filing Notice of Opposition – Once an application is published for opposition, any interested party may file an opposition against it within a period of one month from its publication. This deadline is non-extendable and the opposition must be accompanied by all the necessary evidences in support of opposition.
- Filing of Counter Statement – Upon receiving the notice of opposition, the applicant is required to submit their response with IMPI within a period of to (2) months, which is automatically extended for a further period of two (2) months. Hence, in aggregate, the Applicant has a period of 4 months to file their response. Failure to file response would render the application as abandoned. Any evidence in support of application must be filed along with the counter statement.
- Closing Arguments – Once the evidence has been processed, the Opponent will be provided with a copy of the counter statement. Thereafter, the IMPI will issue a notification opening a 5-day period so that the parties can file their closing arguments. No further arguments or evidence can be submitted once this 5-day period is over.
- Decision & Order – As the opposition and examination proceedings are conducted simultaneously, the IMPI will consider the opponent’s arguments and the applicant’s defence. Thereafter, a resolution is issued declaring the mark as registered or refused.
Appeal to Decision of the Opposition
A decision of refusal can be appealed before the FCAA within 30 working days following the date of the notification of refusal.
For more information on trademark opposition in Ukraine, please write to us at foreign.opp@ssrana.com