We offer a wide range of services and the best strategy to protect trademarks in Mexico and foreign countries:
– Trademark searches
– Feasibility study for registration
– Trademark registration
– Logotypes registration
– Slogans registration
– Three-dimensional trademark registration
– Protection of origin designations
– Infringement of brand study
– Famous trademark declaration
– Declaration of trademark commercial views
– Update of trademark registration (change of name, address, etc.)
– Trademark opposition
– Trademark license
Trademark applications in Mexico can be filed based on the intention of use, to protect specific goods or services of one class, in accordance to the 11th Edition of the International Nice Classification.
Mexican Trademark registrations are granted for 10 years from their filing date and can be renewed indefinitely for equal terms.
Type of Trademarks to apply for
– Name mark
– Design mark (logotype)
– Three-dimensional marks
– Color marks
– Olfactory marks
– Sound marks
– Trade dress
– Hologram mark
– Collective marks
– Certification mark
Data for filing a new TM application
– Applicant information
– Name
– Nationality
– Address (street, number, city, country and zip code)
– Address of the commercial or industrial establishment, if it is different from business address.
– Trademark and logo or figures if any.
– List of products or services
– Date of first use in Mexico (day, month, and year) if can be demonstrated by official documents.
– Date, serial number and country of the priority to be claimed. No priority document is required.
Documents required for filing a new TM application
– Scanned copy of Power of Attorney. Neither legalization nor certification is required.
– Co-ownership agreement with usage rules, in case of there are two or more applicants.
Priority acknowledgement
Priority rights are recognized under the Paris Convention if trademark application is filed within the 6 (six) months period from the base application filing date.
Trademark searches
Conduct phonetic and/or graphic searches are advisable before filing a new TM application.
Opposition system
All applications are published for opposition within 10 days after filing and a 30 days period is opened to receive opposition motions from third parties. Applicant is able to submit an argument within a new period of 30 days counted from a second publication in case of an opposition arise.
Compulsory Declarations of Use
All new registrations must file a declaration of use within a period of three months after completition of the third year of life. All new and old registrations must file a compulsory declaration of use at the time of applying the renewal for a new period of 10 years.
Renewal
Trademark renewals can be filed within the last 6 months of life and there is a grace period of 6 additional months after the expiration date. A sworn declaration of use has to be included along with the renewal application.
FAMOUS TRADEMARKS
Recognition of well-known and famous trademarks can be applied for those trademarks that can prove that a particular sector or most of the consumers in the local market identify said trademark. This recognition has a term of 5 years and may oppose to equal or similar trademarks to identify whatever products or services.
APELLATIONS OF ORIGIN
Mexico is one of the 29 contracting countries of the Lisbon Agreement to provide protection to the Apellations of Origin, that is:
“Apellation of origin is understood as the name of a geographical area or one that contains said name, or another name known to refer to said area, which serves to designate a product as originating therefrom, when the quality or characteristics of the product are due exclusively or essentially to the geographical environment, including natural and human factors, and that has given the product its reputation”
The Declarations of the protection of Geographic Indications are issued by the IP Mexican Institute (IMPI) and published specifying the product characteristics and the States or specific localities approved for its production
GEOGRAPHICAL INDICATIONS
Geographical Indications may be protected through Certification Trademark Registrations or Collective Trademark Registrations. There are some additional requirements as the rules of use and co-ownership agreements
