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Mexico Trademark Registration 

 
Attorneys - Mexico
 
Welcome:

My name is Tania Romero, Roberto Rios, Karla Serrano and I'm the representative Attorney in Mexico.

I'll be personally in charge of your trademark registration process.
 
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Your trademark registration will be processed in Mexico through the following steps:

 
Trademark Comprehensive Study   Step 1. Trademark Comprehensive Study:
A trademark search report with attorney's analysis and opinion about registration probabilities.
Step 1 Prices
 

 
Trademark Registration Request   Step 2. Trademark Registration Request:
A trademark attorney will file and process your trademark application before the Trademark Office.
Step 2 Prices
 

Frequently Asked Questions
  • Is there a time frame for the trademark registration approval?

    The average time frame for the registration approval is 12 months, if no objections or oppositions arise.

     

  • If I register my trademark in Mexico, do I have protection in other territories?

    The entire territory of Mexico is the limitation.

  • Do I need to sign a Power of Attorney?

    A power of attorney is not a requirement for filing an application but it is useful in cases where:

    • the applicant needs to respond to any official request
    • the applicant must change an attorney
    • the applicant wants to withdraw the application

     

  • Are there any benefits from a pre-filing use of the trademark?

    There is no benefit for using the mark before filing the application. However, in cases where two applicants filed for application at the same time and they are applying for identical marks, the applicant that can provide proof of earlier date of use will be granted the right for registration.

  • Will there be problems in case I don’t use my trademark after registration?

    Yes. Third-parties especially business competitors may request the trademark authorities to cancel your registration on the ground of non-use. 

    In addition, for marks registered after August 10, 2018, the Trademark Office in Mexico requires to file a declaration of use 3 years from the registration date. Furthermore, all renewal requests must include a declaration of use.

  • What are the types of trademark that can be registered in Mexico?

    Applicants are allowed to register marks/signs such as: words, slogans, names, colours, 3-dimensional shapes, trade dress and devices. Special requirements are applicable for each registrable mark.

  • What are the phases of application after a trademark has been filed in Mexico?

    The application will first be examined by the trademark authorities. The trademark must meet all requirements for a registrable trademark. Compliance of all requirements will result to the mark’s registration and then details will be published for the public to see.

  • What type of trademark is not registrable?

    Applicants are prohibited to register immoral marks, signs that contradict public order, names/flags/symbols of nations/states/international organization, generic name and non-distinguishable marks.

  • Does Mexico use the "Nice Classification" system?

    Yes. Mexico uses the Nice Classification system. If the trademark will be used for multiple classes of goods, it is necessary to get an individual application for each class.

  • Is there any possibility to claim priority in Mexico?

    Yes. If the applicant first filed the application in a country that is a member of the Paris Convention, that filing date can be considered as the filing date in Mexico. The application date must not exceed 6 months since the first filing.

  • What do I need to do to satisfy the use requirement?

    You must use the trademark within 3 years from the date it was registered and, if your mark was registered after August 10, 2018, you must also file a declaration of use 3 years from the registration date.

    More so, 3 consecutive years of not using the mark is also a ground for cancelled registration. To satisfy the requirements, the mark must be commercially used and the commerce or trade must happen in the jurisdiction of Mexico.

    Finally, to renew your trademark registration, you must file a declaration of use along with the renewal application.

  • Once my trademark has been registered, for how many years will be valid?

    It is valid for 10 years starting from the date of application. Note that the computation will NOT start from the date of registration.

  • What will be the renewal date of my trademark?

    Count 10 years from the date you filed the application.

  • Is it legal to use my trademark even if it is not yet registered?

    It is illegal to use an unregistered trademark for commerce and trade.


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