Trademarks Law in Mexico
Here is an overview of Trademark Law in Mexico, reflecting the latest legal framework and procedures:
๐ฒ๐ฝ Trademark Law in Mexico
Mexico's trademark system is governed by the Federal Law for the Protection of Industrial Property (FLPIP), which underwent significant reforms effective from November 5, 2020. The Mexican Institute of Industrial Property (IMPI) is the authority responsible for trademark registration and enforcement.(World Trademark Review, Mondaq)
๐งพ Key Features of Mexico's Trademark System
1. Registration System
First-to-File Principle: Trademark rights in Mexico are acquired through registration, not use. This means that the first party to file a valid application for a trademark has the exclusive right to use it, regardless of prior use by others.
Examination Process: Upon filing, the IMPI conducts a formal examination to assess compliance with legal requirements. If no grounds for refusal are found, the trademark is registered. The average time from filing to registration is approximately 4 to 6 months for a smooth application. (IP Coster)
2. Opposition Procedure
Publication: Trademark applications are published in the Official Gazette within 10 business days of filing.(American Bar Association)
Opposition Period: Any interested party may file an opposition within one month from the publication date. (American Bar Association)
Procedure: If an opposition is filed, the applicant has two months to respond, extendable for an additional two months. Failure to respond results in abandonment of the application. (World Trademark Review)
Resolution: After considering the opposition and applicant's response, the IMPI issues a decision, which may be appealed before the Federal Court of Administrative Justice. (Mondaq)
3. Duration and Renewal
Protection Period: Trademark registrations are valid for 10 years from the registration date.
Renewal: Registrations can be renewed indefinitely for successive 10-year periods. Renewal applications must be filed within six months before the expiration date. A six-month grace period is available after expiration, subject to additional fees. (IP Coster)
4. Use Requirements
Declaration of Use: Trademark owners must file a Declaration of Use within three months following the third anniversary of the registration date. Failure to do so results in automatic lapse of the registration. (IP Coster, World Trademark Review)
Non-Use Cancellation: If a trademark is not used for three consecutive years, it may be subject to cancellation by a third party. (World Trademark Review)
5. International Protection
Madrid Protocol: Mexico is a member of the Madrid Protocol, allowing for international trademark registration through the World Intellectual Property Organization (WIPO). This system enables applicants to seek protection in multiple countries with a single application. (hyaip.com)
๐ Summary Table
| Feature | Details |
|---|---|
| Governing Law | Federal Law for the Protection of Industrial Property (FLPIP) |
| Registration Authority | Mexican Institute of Industrial Property (IMPI) |
| Duration | 10 years from registration, renewable every 10 years |
| Opposition Period | 1 month from publication |
| Use Requirement | Declaration of Use required after 3 years; non-use may lead to cancellation |
| Multi-class Applications | Allowed; Nice Classification system |
| International Treaties | Madrid Protocol |
RELATED Blog
0 comments