Global Trademark GO - Mexico——Introduction to Mexican Trademark Application - 页之码

Submitted by haili on Mon, 06/19/2023 - 16:04

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页之码IP

Latin America is currently the fastest growing e-commerce market in the world, and Mexico is the most important market in Latin America. 2022 is another golden year for Mexican e-commerce, achieving sales of US$18.2 billion. Unlike other countries, Mexico has adopted a single-class trademark system and does not allow trademark applications for multiple classes of trademarks. After the multi-class international registration (Madrid trademark) is designated in Mexico, it will be divided into multiple countries according to the class.

1. Trademark authority

Mexican Industrial Property Office, English: Name of the Office: Canadian Intellectual Property Office (CIPO)
Website: Trademark application before the IMPI | Procedures | gob.mx (www.gob.mx)
Trademark search: siga.impi.gob.mx/newSIGA/content/common/principal.jsf

2. How to apply for trademark registration

electronic submission

3. Trademark registration application language

spanish

4. Documents required for trademark registration application

Trademark pattern (original, if applying to register a hologram trademark, sound trademark, smell trademark or commercial image, 2 copies of the materials are required)
Applicant information (original)
Proof of application fee payment (original)
Proof of identity of the agent (original, optional)
Proof of agent qualification (original, optional)
Shared Ownership Agreement, if there are multiple applicants (original)
List of goods or services (original)
Date of first use of the mark in Mexico (if any)
Shared Ownership Agreement, if there are multiple applicants (original)
If the document is submitted in a language other than Spanish, a Spanish translation and an affidavit from the translator (original) are required

5. Mexican trademark registration application process

Mexican trademark registration applications are subject to formal examination and substantive examination. The substantive examination includes the search for conflicting trademarks and the examination of written applications, amendments, drawings, samples and foreign registrations, as well as whether relevant fees have been paid.

6. Documents required for trademark change

transfer certificate
Original trademark registration certificate
power of attorney

7. Trademark cancellation

For trademarks registered after August 10, 2018, 3 years after trademark registration, the trademark owner should submit a statement of true and continuous use of the trademark for 3 months within 3 years, otherwise the trademark will automatically expire. In addition, a statement of use of the trademark should be submitted with each renewal. If there is prior use by a third party within 5 years before the trademark is published in the Mexican Intellectual Property Gazette, the trademark may be revoked.

8. Trademark objections

The trademark will be published in the official announcement 10 working days after the application date, and there will be a one-month objection period. During the objection period, a third party can raise objections to the registration and announcement of the trademark. The objection period cannot be extended.

9. Authorization, validity period and trademark renewal

There is no authorization fee to pay during the Mexican trademark registration authorization stage. Trademarks registered on or after November 5, 2020 are valid for 10 years from the date of registration/authorization. Trademarks registered before November 5, 2020 are valid for 10 years from the date of application. It can be renewed for 10 years each time, with no limit on the number of times. Renewal applications must be submitted within 6 months before the deadline, or within the 6-month grace period after the deadline.
If the renewal fee is paid by the lawyer who filed the previous application, no power of attorney is required. Otherwise, a scanned copy of the authorization letter signed by the new lawyer must be submitted. If a power of attorney is submitted, it should be signed by the registrant and two witnesses. No notarization or certification required.

10. Average time for trademark authorization