How to register a trademark in .
Learn everything you need to know about the Mexico trademark registration process. Mexico is a diversified country with hi-tech industries, oil production, and growing manufacturing. Many businesses around the globe conduct their businesses in Mexico. In this competitive market, a business needs to protect itself. One way of doing this is to get a trademark registered. Through a trademark, a business can acquire legal protection rights and take legal action against culprits. The usage of a trademark allows exclusive rights for the distribution and sale of the products and services. Once the trademark is registered, it can be renewed every ten years, allowing the business to run its processes smoothly without fearing counterfeit products and the cost of removing them from the market.
To understand the Mexico trademark registration process, let us have a look at the process in detail.
Mexican trademark registration services
Any individual or company can register a trademark in Mexico. To get a trademark registered, the applicant must file an application with the Mexican Institute of Industrial Property (IMPI). The IMPI sets the standard for what cannot be registered as a trademark in Mexico.
- Similar or identical marks to the previously registered ones or for marks that are pending registration;
- Generic or descriptive marks;
- Geographical indications or places that tell where the products were manufactured;
- Three-dimensional forms.
To register a trademark, there is different information required:
- Trademark representation;
- The description of goods and services;
- Full name and address of the applicant;
- If the trademark is in use in Mexico, then the factory or business address;
- If it is a priority case, then the country of origin, date of filing, application number are required.
Types of Trademarks
Types of trademarks in Mexico
Other than the traditional trademarks, Mexico recently has offered protection for trademarks that include smell trademarks, sound trademarks, and holograms.
How to register a trademark in Mexico?
The applicant must file a Mexico trademark registration application with the IMPO, after conducting a proper search on the already used trademarks.
To file a trademark, the applicant must classify the product or service under a class. Mexican law does not allow to have multiple classes/multi-class filing. The trademark owner must specify the goods and service that need to be covered.
Mexico trademark registration applications go through two different types of examinations. Firstly, the applications are checked for any mistakes in the examination and to see if the goods and services to be covered are classified and drafted accordingly. Secondly, the applications are examined to see if the trademark can be registered, any misrepresentation of data, or if there are already many applications pending that might have pre-existing registered trademarks.
If the examiner finds a fault in the application, it will officially be notified to the applicant. The applicant will then have a two-month time period to respond with an extension of two additional months. Failing to respond will result in the rejection of the application.
The applicant can also challenge the decision of rejection through IMPI within 15 working days or through the Specialised Chamber in IP Matters of the Federal Court of Administrative Justice (SEPI) within 30 working days.
If there is an opposition filed, it is published in the official gazette, and the applicant is given thirty days to respond. In each official hearing, both parties will provide evidence supporting their arguments.
If there is no opposition or if the opposition is won, the application receives registration. A declaration of use is required when filing for renewal.
The IMPI also conducts on request searches related to phonetics or design, to check the similarity and identical marks. The applicant himself can also do these searches.
Spanish is the official language for Mexican trademark application. To register a trademark, there are no specific documents required, but the following information is necessary:
The trademark application must contain the following to obtain a filing date:
– The name, address, and nationality;
– Description of the product(s) or service(s);
– Sample of the trademark (if any);
– First use date of the trademark in Mexico (if applicable);
– If there are several applicants, then a co-ownership agreement will be required.
Price of Trademarks
Trademark registration cost in Mexico
Trademark registration in Mexico costs from $400 to $1500. These costs also include the professional fee, depending on the application. The government sometimes offer a 10% discount when an application is filed online.
Age of Trademarks
How long does the trademark last?
Trademark in Mexico lasts for ten years, after which it can be renewed. The trademark owner must renew the trademark registration either before the expiration date or within six months after the expiration.
Declaration of use is required after every three years from the date of registration. If the trademark owner fails to provide the declaration, the trademark can get cancelled.
It is always advisable to get a trademark registered to get legal protection from infringements and have a right to claim damages. The process is simple; it starts from the application, examination, publication, opposition, and registration. Once the trademark is registered, it becomes easier for a company or individual to do business in the country and have peace of mind. Mexico is also part of the Madrid Protocol, which allows it to have international filing on a single application, making it easier for businesses to obtain trademark registration for multiple countries.
At Trademark International, we provide hassle-free trademark registration services catered to your needs, in compliance with the international requirements and standards. Mexican trademark registration doesn’t have to be complicated, and that’s why Trademark International is here to assist with all of your intellectual property needs.
What to do? How to do it? When to do it? Will it work?
If these are the questions that come to your mind when thinking of registering a trademark, you have come to the right place. We, at Trademark International, answer these questions and more! Offering multiple trademark services, we guarantee client satisfaction. For expert advice and consultation, contact us now! Or fill out our online trademark filing form.
Frequently Asked Questions
The process for registering a trademark varies from country to country. To file for a trademark in the US, you can file an online application with the USPTO. The USPTO entertains two types of applications: ‘In-use’ and ‘Intent to use’. The online application is known as Trademark Electronic Application System (TEAS).
Just like every country has its own registration process, the cost varies as well. Depending on the legal fees and the length of the process, the cost can go up or down. In the US, the price of registering a trademark ranges from $500 to $3000.
You need to file an application which should contain: your name and address, if it’s a business then the type of legal entity it is, details of the trademark, list of goods and services, the details of the class(es).
Yes, you can file for both: a local and an international trademark. Some countries entertain a single application to register a trademark locally as well as internationally.
Yes. It is possible to register a trademark in multiple countries with a single application but it depends on which union the country is part of. You can do this through the Madrid Protocol or EUIPO.
Countries have different laws regarding what can be registered as a trademark. In the US, the types of trademarks that can be registered are slogans, shapes, names, phrases words, images, 3D shapes, holograms, smells, and colors.