In Mexico, once an application is published in the Official Gazette, an interested party may file an opposition against the same within 30 days.
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.
FAQs on Trademark laws in Mexico
List of Trademark laws in Mexico
What is the relevant Trademark Authority in Mexico?
The relevant trademark authority that processes trademark application is the Mexican Industrial Property Institute (IMPI).
What is the process of trademark registration in Mexico?
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.
Can a multiclass trademark application be filed in Mexico?
No, Mexico has a Single Class System.
Is Mexico part of Madrid protocol for trademark application?
Yes, Mexico is member of the Madrid International Trademark System.
On what grounds can a trademark be objected or refused in Mexico?
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.
Does a trademark get published in the trademark journal in Mexico?
The trademark application is published in the Official Gazette of IMPI.
What is the period for filing a notice of opposition or opposing a trademark in Mexico?
At present the trademark application in Mexico is not subjected to any opposition procedure.
How much time does it take for a trademark to get registered in Mexico?
The normal duration for registration of a trademark in Mexico is 6-8 months.
What is the term for which a trademark is registered in Mexico?
A trademark is registered in Mexico for a period of 10 years from the date of filing and is renewable after every 10 years.
Can a priority trademark application be field in Mexico?
Yes, a priority trademark application can be filed in Mexico.
What is the fee to file a trademark application in Mexico?
The official fee for filing a trademark in Mexico is approximately USD130 in one class.
Can 3D marks be registered as trademark in Mexico?
Yes, Mexican Trademark Law recognizes registration of three-dimensional shapes.
Are non-traditional marks like sound, colour or combination of colours registered as trademark in Mexico?
Yes, the Mexican Law has recently recognized non-traditional trademarks like smell and sound marks.
Are well-known trademarks recognized in Mexico?
Yes, the Mexican Law recognizes well-known and famous marks and sets out rules for determination of such marks.
Is there a provision to file trademarks online in Mexico?
Yes, a trademark can be filed electronically in Mexico
What are the documents required for filing a trademark application in Mexico?
The documents required for filing a trademark application in Mexico are:
- 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.
Can a trademark be cancelled in Mexico?
Yes, a trademark can be cancelled in Mexico. Once mark is registered the same is open to cancellation by owners of earlier conflicting marks.
What are the conditions for cancellation of a trademark in Mexico?
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.
Is there a requirement for showing proof of use while filing a trademark application in Mexico?
No, a trademark in Mexico can be filed on “intent to use” basis.
Can a lapsed or non-renewed trademark be restored in Mexico?
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.