Trademark registration in Mexico - The ultimate guide
Find out everything about the application process, costs and time required to register your trademark in Mexico.
In which country do you want to register your trademark?
Contents
Why register a trademark in Mexico?
Which body registers trademarks in Mexico?
How is trademark priority in Mexico determined?
How long does it take to register a trademark in Mexico?
What is the cost of trademark registration in Mexico?
Who can register a trademark in Mexico?
What does the trademark registration process in Mexico look like?
What does the trademark opposition process look like in Mexico?
How long does a trademark last in Mexico? How can I renew my Mexican trademark?
Why register a trademark in Mexico?
As the second-largest economy in Latin America and a member of numerous international trade agreements, including NAFTA (now USMCA), Mexico presents significant opportunities for foreign investors. Establishing a commercial presence in Mexico provides companies with access to a large and growing market and facilitates expansion into the broader Latin American region.
Given Mexico's 'First-to-File' system, obtaining trademark protection is highly recommended, even if branded products are not yet sold in the country. Any business wishing to ensure its brand is well-protected before expanding internationally should consider Mexico a priority on its trademark list.
Which body registers trademarks in Mexico?
The Mexican Institute of Industrial Property (Instituto Mexicano de la Propiedad Industrial, IMPI) is responsible for examining, granting, and administering intellectual property rights, including patents, trademarks, and designs in Mexico.
How is trademark priority in Mexico determined?
Mexico is a "First-to-File" jurisdiction, meaning applicants who first apply for a trademark are assigned trademark rights and given priority over others, regardless of the actual use of the trademark in commerce.
How long does it take to register a trademark in Mexico?
It generally takes 2 to 6 months to register a trademark (from filing the application to the final decision), provided there is no objection or opposition lodged against your application. In the event of opposition, the process may take longer.
What is the cost of trademark registration in Mexico?
The fee for filing a trademark application is approximately MXN 2,457 (approx. $147) per class. Additional fees may apply for multi-class applications.
Who can register a trademark in Mexico?
Both domestic and foreign applicants can file for trademark registration in Mexico. Foreign applicants must appoint a local representative who is a resident in Mexico and a registered trademark agent.
What does the trademark registration process in Mexico look like?
Create a distinctive sign:
- A trademark must have distinctiveness to be eligible for registration. It should distinguish the goods or services of one enterprise from those of others. Non-distinctive, generic, or overly descriptive marks are less likely to be registered by IMPI.
Conduct a prior search:
- Before applying, it is advisable to conduct a trademark search to ensure that your mark is not confusingly similar to already registered marks. This helps avoid rejection or opposition from existing trademark owners.
Submit an application:
- Applications can be submitted online through the IMPI's e-filing system or in person/by mail at IMPI's headquarters. The application must include the trademark, the list of goods or services, and the necessary fees.
Examination process:
Formal Examination: IMPI will first check for formal deficiencies in the application (e.g., incorrect data, non-payment of fees). If any issues are found, applicants will be notified and given a chance to correct them.
Publication: If the application passes the formal examination, it will be published in the Industrial Property Gazette for a 10-day opposition period.
Substantive Examination: After the opposition period, IMPI will conduct a substantive examination to ensure the trademark meets all requirements. If any issues are found, an office action will be issued, and the applicant must respond within a given time frame.
5. Registration and issuance of certificate:
If the application passes the substantive examination and any opposition proceedings, IMPI will grant the trademark registration, and the applicant must pay the registration fee. Once paid, IMPI will issue the registration certificate.
What does the trademark opposition process look like in Mexico?
After publication in the Industrial Property Gazette, there is a 10-day period during which third parties can file oppositions. If an opposition is filed, the applicant will be notified and given a chance to respond.
Time: Opposition proceedings can take several months to over a year, depending on the complexity of the case.
Cost: The fee for filing an opposition is approximately MXN 1,411 (approx. $70). Additional costs may arise if legal representation is needed.
How long does a trademark last in Mexico? How can I renew my Mexican trademark?
A trademark in Mexico lasts for 10 years from the date of registration. It can be renewed indefinitely for subsequent 10-year periods.
Renewal fee (within the official date): Approximately MXN 2,457 (approx. $123) per class.
Renewal fee (within an extended period): An additional fee may apply for late renewal, typically 25% of the standard renewal fee.
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