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Trademarks in Mexico

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The relevant trademark authority that processes trademark application is the Mexican Industrial Property Institute (IMPI).

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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.

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No, Mexico has a Single Class System.

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Yes, Mexico is member of the Madrid International Trademark System.

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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.

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The trademark application is published in the Official Gazette of IMPI.

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At present the trademark application in Mexico is not subjected to any opposition procedure.

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The normal duration for registration of a trademark in Mexico is 6-8 months.

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A trademark is registered in Mexico for a period of 10 years from the date of filing and is renewable after every 10 years.

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Yes, a priority trademark application can be filed in Mexico.

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The official fee for filing a trademark in Mexico is approximately USD130 in one class.

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Yes, Mexican Trademark Law recognizes registration of three-dimensional shapes.

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Yes, the Mexican Law has recently recognized non-traditional trademarks like smell and sound marks.

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Yes, the Mexican Law recognizes well-known and famous marks and sets out rules for determination of such marks.

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Yes, a trademark can be filed electronically in Mexico

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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.

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Yes, a trademark can be cancelled in Mexico. Once mark is registered the same is open to cancellation by owners of earlier conflicting marks.

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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.

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No, a trademark in Mexico can be filed on “intent to use” basis.

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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.

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