MEXICO

• Kinds of Trademarks registrable in MEXICO

  • Following indications may be used as Trademarks in Mexico:

    1. All symbols graphically representable
    2. Word marks
    3. Names
    4. Letters
    5. Numbers
    6. Drawings
    7. Pictures
    8. Forms
    9. Distinguishing goods or packaging
    10. Colours
    11. Combination of all of the above

    Types of Marks registrable in Mexico:

    • Collective marks
    • Certification marks
    • Marks for non-commercial purposes
    • Service marks
    • Well Known marks
• Requisites for a Trademark to be registrable in MEXICO

  • Trademarks must contain the following essential requirements to be registrable in Mexico:

    1. Distinctiveness
    2. Non-descriptive of the goods and / or services
    3. Not be a well known term in the line of business, trade channels of the applicant
    4. Not be same / similar / identical either visually and / or phonetically to prior registered / pending marks.
• Kinds of Trademarks not registrable in MEXICO

  • Applicants should bear in mind that the following will not be registrable as Trademarks in Mexico:

    1. Trademarks that do not represent a mark as set forth by law.
    2. Trademarks related to public property or are not distinguishable.
    3. Symbols that represent the form or cover of goods if its nature, function or packaging required thereof as an intrinsic part.
    4. Trademarks contrary to public order or morals as well as those the use of which is prohibited under the national law, or bilateral or multilateral agreements to which Mexico is a party.
    5. Trademarks comprising a simulation or imitation of official logos, flags, other logos, abbreviated names, symbols, signs or official hallmarks used for the purposes of control and guarantee by a country or an intergovernmental organization established under an international agreement, unless the competent authority has licensed such state or organization to do so.
    6. Trademarks which would mislead the public or commercial society with regard to the nature, quality or source of goods and services and other related characteristics.
    7. Trademarks which exclusively or partially constitute an indication that would involve confusion regarding the geographical origin of certain goods or services. In case such symbols have been illegally registered as a mark, the use of that geographical indication would be hindered by third parties entitled thereof.
    8. Trademarks similar or identical to a mark or a trade name well-known in Algeria and have been used for similar or identical goods belonging to another institution to the extent that causes confusion between both of them, or symbols which are a translation of another mark or trade name.
    9. Trademarks identical or similar to a mark that has been the subject matter of a registration application or a registration including goods or services identical or similar to those for which the manufacturing mark or trademark has been registered which would result in confusion.

    TrademarkCopia through its associate Law Firms and Lawyers in Mexico is at hand to help you with trademark registration and prosecution.

• Trademark Search in MEXICO

  • A search, especially that of a phonetic mark to rule out similarity to the proposed mark is highly recommended.

    The search application is for free, however, search is carried out by the IMPI for a fee.

    A search is useful in determining the following:

    1. Conflict with existing trademarks.
    2. Confirm validity of the proposed trademark.
    3. Evaluate the filing of the application and assess the risk of nullity and 3rd party claims.
    4. Strategise on the kind of mark to file regarding the denominations such as figurative, coloured, black & white etc.
    5. Search is a useful tool prior to filing of applications since search concerning prior pending marks carried out by the Mexican Trademark Office.

    Our Attorneys are at hand to assist you with searches and provide opinions about registrarbility of the proposed / coined trademark in Mexico.

• Trademark Filing in MEXICO

  • Filing is done with the Trademark office of Mexico.

    Applicant has to furnish the following documentation for filing:

    1. Name of the applicant
    2. Logo (if any) in B/W or Colour
    3. Address along with nationality of the Applicant
    4. Classes in which Registration is sought.
    5. Power of Attorney (POA)
    6. Details regarding Goods and Services for which registration sought
       (Goods and Services classified as per NICE classification)
       (Vienna Agreement for figurative mark)

    TRADEMARKCOPIA.COM Attorneys will assist you with:

    • Filings
    • Infringement & Opposition Actions
    • Renewals
    • License and Assignment procedures
    • Trademark Watch Services
• Trademark Examination in MEXICO

  • It is ideal to ensure that the application is error free as regards indicating the trademark, goods & services, since corrections are not allowed and if any changes are to be carried out, the application is subjected to a whole new process.

    The application is examined to determine the viability of its registration. In the event of any corrections, a 2 month period is given to the applicant to rectify the same.

• Trademark Publication & Opposition in MEXICO

  • In the event the application for registration is submitted correctly with all the requisite information and documentation, publication of the mark or the advertising slogan will be done within 6 months in the official journal of the Federation.

    TrademarkCopia through its experienced Trademark Lawyers and Trademark Attorneys in Mexico can comprehensively assist you with trademark opposition and prosecution.

• Trademark Registration in MEXICO

  • Post publication if there arises no opposition by 3rd party the application proceeds for registration.

    Renewals are to be carried out 6 months before or after the expiry of the mark.

    The duration of registration for the mark is 10 yrs.

• Trademark Usage in MEXICO

  • Pre – Registration: Prior user having used a similar mark in good faith and continuously without registering it has rights and may apply for registration.However, prior user must file a cancellation action against registration of the mark of the subsequent user within 3 years from the date of publication of registration of the mark

    Post – Registration: Non usage of the mark within 3 yrs. from the date of registration make it vulnerable to cancellation. Usage of the mark after 3 yrs could cure non-use provided there has been no 3rd party action for cancellation of registration of the mark in the interim period.

• Trademark Cost of Registration in MEXICO

  • Please write mail for the cost of registration of trademark in Mexico to the mail address given below:

    contact@trademarkcopia.com