The Senate unanimously approved the Industrial Property Law reform proposal (Ley de la Propiedad Industrial) in which the trademark opposition system was projected and came into force on August 30, 2016.
According to the official press release the opposition procedure will last approximately three months, and will be developed as follows:
- The applications shall be published within 10 business days as of the filing date.
- Any third party may oppose the application within a non-extendable term of one month, counted from the publication date.
- Once the opposition period (one month) has passed, the list of applications that received an opposition shall be published within the following 10 business days.
- After the list of opposed applications has been published, applicants shall be allowed a one-month period for replying to the opposition.
- Once the Institute have the arguments of the opponent and the owner of the application, will do the correspondent exam for the proposed distinctive sign. The examiner may take into account the arguments presented by the opponent and will determine the viability of the registration.
- After the exam, the Institute shall grant or refuse the registration and will inform the opponent the resolution that was issued for the trademark application.
This opposition system aims to make more effective the registration procedure of distinctive signs in Mexico, providing legal security to holders of Industrial Property rights. These type of reforms are very important for trademark owners considering the value of distinctive signs for the economy and competitiveness of any country.
For our clients with processes in place in Mexico we will monitor every application and will immediately inform the applicants if they receive an opposition, and vice versa if there’s any of our clients that needs to file an opposition due to a trademark infringement do not hesitate in contacting us to help you with the opposition filing.
For further information, contact us at: firstname.lastname@example.org and we will be more than glad to assist you.