In Mexico, once an application is published in the Official Gazette, an interested party may file an opposition against the same within 30 days[1].
After an opposition is filed, the Mexican Institute of Industrial Property (IMPI) publishes it in the Official Gazette, and the Applicant has a deadline of one month to respond to the opposition. If the Applicant does not file a response to the opposition, the application will not be automatically abandoned.
Once the aforesaid time period for both parties has expired, the IMPI will conduct a substantive examination, taking into consideration the submissions of both parties and/or other relevant documents, and will thereafter send a statement of grant of protection or a notification of provisional refusal to WIPO and the Opponent[2].
[1] https://www.worldtrademarkreview.com/global-guide/the-wtr-yearbook/2020/article/mexico
[2] https://www.wipo.int/edocs/madrdocs/en/2016/madrid_2016_28.docx
FAQs on Trademark laws in Mexico
List of Trademark laws in Mexico
trademark-maxico-faq (20)
Renewal of a trademark may be requested during the validity term or within six months after the expiry of renewal on payment of late fees.
Cancellation based on non-use can be commenced by a third party.
The cancellation proceedings can be initiated for 3 years of non-use from date of registration of the mark.
Yes, a trademark can be cancelled in Mexico. Once mark is registered the same is open to cancellation by owners of earlier conflicting marks.
The documents required for filing a trademark application in Mexico are:
- Trademark
- Specification of goods or services
- Priority documents if priority is being claimed
- POA (Power of Attorney)
Please note that it is not mandatory to legalize or notarize the POA.
Yes, the Mexican Law recognizes well-known and famous marks and sets out rules for determination of such marks.
Yes, the Mexican Law has recently recognized non-traditional trademarks like smell and sound marks.
Yes, Mexican Trademark Law recognizes registration of three-dimensional shapes.
The official fee for filing a trademark in Mexico is approximately USD130 in one class.
A trademark is registered in Mexico for a period of 10 years from the date of filing and is renewable after every 10 years.
The normal duration for registration of a trademark in Mexico is 6-8 months.
At present the trademark application in Mexico is not subjected to any opposition procedure.
The trademark application is published in the Official Gazette of IMPI.
A trademark will be refused registration in Mexico if it does not confirm to the requirements of Mexican Trademark Law and if they are:
Descriptive and identical or similar to prior conflicting marks.
Once a trademark is filed with the IMPI, the same is subject to examination for verification of filing requirements and whether the application is in accordance with the Mexican Trademark Law. Thereafter the mark is published in it’s Gazette.
It is relevant to mention that the Mexican Trademark law at present does not have the system of opposition by third parties.
The relevant trademark authority that processes trademark application is the Mexican Industrial Property Institute (IMPI).