trademark mexico 2018-01-15T17:16:29+00:00

A trademark is a distinctive sign, symbol or expression used to identify the products or services of a company from those of another. It guarantees the genuineness of the product of service, and gives its holder the legal rights to avoid their trademark’s unauthorized use.

  • It is the only way of obtaining rights to the trademark.
  • It provides national and/or local protection.
  • It allows demonstrate ownership of the trademark.
  • It helps discourage other people from using the trademark unlawfully.
  • Trademarks allow your business to effectively utilize the social media and make your customers find you easily.
  • If anyone uses your registered trademark, he/she will be presumed to be a willful infringer, and registering a trademark confers the ability to recover monetary damages as a result of the infringement.
  • If you don’t register your trademark and someone else registers a trademark very similar to yours, you’ll have to change its name and spend a lot of money changing advertising. It’s also possible that you lose customers.
  • Words
  • Names
  • Devices
  • Certain three-dimensional shapes
  • Colors
  • Slogans
  • Trade dress/get-up

Trademark protection in Mexico lasts 10 years from the application date and can be renewed indefinitely every 10 years. A renewal application must be filed within six months before expiration date.

The approximate time from application to registration (for a prosecution without an opposition) is six months.

An application is published for opposition purposes after formal examination of the application. The opposition period begins the day it is published in the Gazette and ends one month of the date of its publication in the Gazette.

  • Name and address of the applicant.
  • Trademark description.
  • List of goods or services provided.
  • Trademark representation.
  • Dates of first use.
  • Official filing fee.
  • Joint applicants are permitted in Mexico.
  • Actual use or intent to use are required for application.
  • Local address for service must be provided if the applicant is not domiciled in this jurisdiction.
  • The list of goods and services may specify the relevant class heading, a list of the common commercial names for the specific goods or services of interest, the relevant entire  alphabetic class listing.
  • Although not a filing requirement, a power of attorney might need to be submitted during prosecution in response to an official request, if there is a change of attorney or if a withdrawal of the application needs to be filed or a change of address recorded.
  • In Mexico, the type of registration available is national and international.
  • All documents must be translated into Spanish .
  • All signed documents must be apostilled.
  • Mexico uses the Nice Classification System.
  • Mexico is a member of the Paris Convention, the Nairobi Treaty, the Madrid Protocol, the Nice Agreement, the Vienna Agreement, and the Lisbon Agreement.
  • Mexico is a signatory of the Madrid Protocol and may be designated in international applications. It is not a member of the Madrid Agreement.
  • European Union Trade Mark registration is not effective in Mexico.
  • Multinational regional registrations are not available in Mexico.
  • Applications can be filed online.
  • The official file can be accessed online.
If your trademark has been successfully registered and it is time for you to renew it, you can start the procedure six months before the expiration date. There is a six-month grace period to renew the trademark after the expiration date.

If you do not renew on time, you will need to file a complete new application.

Trademark renewal requirements:

  • Name and address of the applicant.
  • Trademark description.
  • List of goods or services provided.
  • Power of Attorney.
  • Trademark registration number.
  • Trademark statement of use.

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