Trademark Registration in Mexico

Mexico Trademark Registration – How to Register and its Benefits

A trademark attorney will process a trademark registration in Mexico by conducting the below-mentioned steps:

Step 1. Trademark’s Comprehensive Study:

Before filing for trademark registration in Mexico, one must assess all probable challenges that could come in the way of the registration process. This Comprehensive Study of the trademark helps in making a list of all comparable trademarks (graphically or phonetically) that might conflict with the one selected by you.

Step 2. Request of Trademark Registration:

The next step is that an attorney files your trademark registration in Mexico and fulfils all necessary steps in the Trademark Office for getting registration approval. After the trademark is filed, we send the filing report comprising of the application number, date, and a scanned copy of the complete application.

Will I get any right after having a registered trademark in Mexico?

Registration is mandatory to get rights to a trademark. The first-to-file rule is valid in Mexico. Usually, prior use is accepted.

is there use of my trademark before I apply for registration?

Yes, it is mandatory to use the trademark before application.

Will anyone contest with my trademark?

Yes, any party may oppose

On what grounds can a Trademark Application be Cancelled?

Trademark can be opposed in case of:
  • Property right violation
  • Breach of contact
  • Mark is proven to violate Article 6bis, Article 6ter, Article 8
  • Misleading, deceptive and immortal

Is there any timeline or the approval of trademark registration?

The average timeline for approval of the registration is 12 months, provided no objections or oppositions happen.

Is there protection for my trademark in other territories?

The limit only exists within the Mexican territories

What are the various kinds of trademarks permitted to be registered in Mexico?

Any sign that can be graphically depicted and can set apart a product/service from its competitors can be registered:
  • Names
  • Slogans
  • Words
  • Devices
  • Holograms
  • Certification and collective marks
  • 3-D shapes

Is the sign of power Authority needed during registration?

No, it is not necessary to complete the is required in case of:
  • Change of attorney
  • Application withdraw

When will I have to renew my trademark?

Subsequent renewals should be done every 10 years.

What will be the renewal date for a trademark?

The first renewal date of a trademark registration in Mexico is 10 years counted from the date of application filing.

What documentation is needed while renewing a trademark?

Declaration of use along with renewal application are needed for renewals

Do I get a grace period after my trademark expires?

Yes, the grace period after the expiry of the renewal date is 6 months

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