Trademark registration Mexico
Register your trademark in Mexico online in 3 steps…
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Over 150,000 researches
We have researched availability for more than 150,000 brands and verified that they met all requirements to trademark them.
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Every year we register more than 1500 trademarks in all countries in the world, with objections being lodged in less than 1 percent.
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What are the costs of a trademark registration in Mexico?
The costs of trademark registration in Mexico depend on the number of Nice classes that are relevant to the trademark. Most marks need 1 to 3 classes, but it is possible to get protection in all of classes 1 through 45 of the Nice classification.
Registration
- Includes all fees
- extra class
Watch
- Includes all fees
- up to 3 classes
extra class
Renewal
- Includes all fees
- extra class
How do you get a trademark registration in Mexico?
By filing your trademark in Mexico, you acquire exclusive rights there. To do this, submit your application at the local level to the IMPI: the Instituto Mexicano de la Propiedad Industrial. Just using a trademark in Mexican territory does not give you any rights. If you have not registered your trademark, but are using it, protecting your trade rights in this country is extremely difficult.
To apply for a trademark in Mexico as a foreign entrepreneur, you need to be represented by an IMPI recognized trademark specialist. While it is also necessary to provide a power of attorney, the specialist must also take a written oath in a separate section of the application form.
The trademark search
Filing an application to register a trademark in Mexico does not guarantee the granting of trademark protection. To drastically increase the chances of being awarded, it is recommended to perform a thorough trademark search. While optional, it does provide important insights into potentially conflicting trademarks that already exist in the country. A good research on existing trademarks makes it easier to conclude whether starting a registration process is worthwhile. This step can save you a lot of time and money.
How does the trademark registration process in Mexico work?
Anyone who wants to register a brand name in Mexico can count on a very fast process. The registration process does not take longer than six months, unless there is opposition within the designated period. In that case, or if your application is rejected during testing, the duration of the procedure can be up to twelve to eighteen months. Regardless of whether you have carried out a trademark search yourself, the Mexican trademark office also conducts a search, consulting its extensive database. Only trademarks that are actively used are hereby considered.
Incidentally, the research carried out by the IMPI consists of two parts. The first investigation concerns the formalities investigation, in which the trademark office checks whether all formal requirements (information and documents) have been met and verifies the classification. The second assessment concerns the assessment on relative grounds. If, for example, existing rights are infringed, you will be given two months to adjust your application. After a successful application process, you will receive an official certificate from the Mexican Trademark Office.
The opposition period
If you are going to file a brand name in Mexico, it will first undergo a formal assessment. If your trademark is accepted after this step, it will be published in the Mexican trade magazine. After this publication, there will be a period of one month during which anyone who wishes to do so can oppose the granting of your trademark. The special thing about this procedure is that anyone can object, even if they do not have a trademark in use in Mexico. Anyone who objects in this way must be able to demonstrate that he or she has actually used the trademark in question before the filing date of your (conflicting) trademark.
What can you not register as a trademark in Mexico?
As an entrepreneur you cannot register everything as a trademark in Mexico. The country is no exception; such rules apply almost everywhere. What can you not register as a brand in Mexico?
- Trademarks that are identical or confusingly similar to trademarks already registered or trademarks previously applied for, which concern the same or similar products or services
- Descriptive and generic marks, although strong distinctiveness is a valid way to resist rejection on this absolute ground
- Geographical indications and names of places characterized by the production of certain goods
- Three-dimensional forms of general use
Ten years of trademark protection in Mexico
Once you have successfully registered your trademark in Mexico, you will receive a trade certificate of registration. With this certificate you can prove that the trademark belongs to you. The validity of this starts with retroactive effect, from the original application date. A Mexican trademark is valid for ten years. However, you can extend this protection indefinitely, each time for a new period of ten years. You can apply for an extension from six months before the end date of the current term. A grace period of six months gives you as an entrepreneur a little more room.
Using your trademark after successful registration
In Mexico it is not mandatory to use your trademark after registration. The intention to use a trademark commercially is therefore not a condition for obtaining trademark protection. However, if the brand is already in use in Mexico, it is recommended to record the start date well. This so-called first-use information becomes relevant if third parties may decide in the future to dispute your registration because they use the same or similar trademark for similar goods or services.
The proof of use
Anyone who wants to apply for a trademark in Mexico does not need to provide proof of use. The same applies to applying for an extension of this trademark protection. However, a simple statement of use is expected from you at two different times. The first moment is three months after the third anniversary of the actual registration date. A statement of use must also be submitted with each extension. Failure to provide these statements to the patent office will result in automatic cancellation of the registration. Only when third parties object does the risk of cancellation arise.
Filing a trademark in Mexico via the international route
If you only want to register your trademark in Mexico, the local (national) route via the IMPI is the most logical way to obtain trademark protection. However, if you intend to expand your commercial activities to other countries, it makes sense to go through the procedure for an international registration. You can apply for trademark protection in various countries that are members of the Madrid Protocol and choose Mexico as one of the countries.
You need a basic registration for such an international registration. The procedure for international registration starts in Switzerland, at the WIPO headquarters. After approval of the administrative conditions, this agency forwards your application to Mexico, where it follows the same route as a local registration. Although this is a small detour, this is a favorable route for entrepreneurs who wish to operate in several countries.
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