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Mexico Trademark Registration

In Mexico the legal basis is the Industrial Property Law, in force since June 27th, 1991; last amended June 28th, 2010. Trademark protection is obtained by registration. The right to use a trademark can also be acquired by sufficient commercial use; however, this right may be impugned during a statutory period. Mexico follows the first-to-file system.

Requirements

A trademark application has to be filed before the Trademark and Patent Office (IMPI) by a local agent. It is sufficient to state under oath that someone is empowered to act on behalf of the applicant(s). Foreign applicants do not need a domestic registration.

Procedure

The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. It takes approximately 3-6 months from first filing to registration. After registration, the trademark is published in the "Trademarks Gazette".

Duration

A trademark registration in Mexico is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years.

Methods

NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office.

Extra

Duly note, if the trademark has not been used within 3 years from issue of the registration certificate or has not been used later for a continuous period of 3 years, it may be subject to cancellation

Area Practice:

INTELLECTUAL PROPERTY

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