Trademarks: Mexico

General Information

International Agreements : Paris Convention, TRIPS, Nice Agreement, Vienna Agreement, Lisbon Agreement, Trademark Law Treaty (signed) and Madrid Protocol (will enter into force on February 19, 2013).

Classification : Nice Classification (10th Edition). Mexico also has a local list of Goods/Services that are used in the examination process. Single-Class filing

What is Registrable : Word-marks, designs and three-dimensional marks.
What is Not Registrable : Trademarks or designs that are descriptive of the goods or services or of any of their characteristics, as well as generic terms.

Priority under Paris Convention : Yes

Examination : Exist two exams one of them is about formal requirements and the other is about novelty.

Publication : Yes, after registration
Opposition : Mexico does not have an opposition system. However, during its trademark analysis, Mexican Trademark Office may issue two kinds of Official Actions, one about formal requirements and the other about novelty. Furthermore, a third party that feels its rights affected, may submit a third party observations in opposition to a trademark application; Mexican Trademark Office may or may not take into account such observations.

Time Frame for Registration : Around 7-8 months for smooth applications
Registration Term : 10 years
Renewal Term : 10 years
Grace Period for Renewals : 6 months

Use Requirement for filing : not required.

Cancellation : Yes - In the case that the owner of register requests itand in the case that the trademark transforms in generic term.

Assignments - Must Assignments be recorded ? Yes
Can pending applications be Assigned ? Yes

Licenses - Must Licenses be recorded ? Yes
Can pending application be Licensed ? Yes

Important Notes : If the mark has not been used yet in Mexico, the application will be filed as an Intent-to-use basis.

 

Filing Requirements

Trademark/Service Mark Requirements

  1. Power of Attorney simply signed before two witnesses (a scanned copy is sufficient).
  2. Certified copy of the priority document is NOT required.
  3. Date of use of the mark in Mexico (if any).

Renewal of Trademark/Service Mark Requirements

  1. Power of Attorney simply signed before two witnesses (a scanned copy is sufficient).
  2. Details of the Mark & Class(es).

Assignment Recordal Requirements

  1. Power of Attorney simply signed before two witnesses (a scanned copy is sufficient).
  2. Details of the Mark & Class(es).
  3. Assignment Deed duly legalized or Apostilled.

License Recordal Requirements

  1. Power of Attorney simply signed before two witnesses (a scanned copy is sufficient).
  2. Details of the Mark & Class(es).
  3. License Agreement duly legalized or Apostilled.

Change of Name/Address Requirements

  1. Power of Attorney simply signed before two witnesses (a scanned copy is sufficient).
  2. Details of the Mark & Class(es).
  3. A Certified document showing the changes duly legalized or Apostilled.

 

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