HOW TO SEARCH AND TRADEMARK A NAME IN MEXICO

Are you willing to get and annals your trademark in United mexican states? This article volition guide you lot with the most mutual questions about trademark registration in United mexican states.

United mexican states, with a population of 126 1000000 people, is a big market for products and services. The Mexican economic system is complementary to the USA, due to their gratuitous trade agreements imports and exports are very large and extended to many sectors equally automobile, electronics to clothing.

To trademark your name in Mexico, equally in the residuum of Latin America, you will demand to file and obtain a local trademark registration. The procedure looks longer and more than complicated than y'all first tin can imagine, but nosotros will try to arrive as simple equally possible.

Mexican trademark constabulary requires that you have used the trademark earlier filing or that you have an intention to employ information technology. In both cases, you have to offer some form of bear witness.

In that location is no legal obligation to go a trademark in Mexico to sell or promote your products or services. But the fact that you use information technology will create minimal rights in Mexico. This means that in the case somebody is copying your trademark, there is little you can do most information technology. For this reason, serious players have to register their trademarks in Mexico. To annals your make, you lot volition have to file a local awarding earlier the Mexican Trademark Office.

Having a trademark in another country does not create any rights in Mexico. To accept a correct in Mexico, you lot have two options:

  1. File a Mexican trademark application
  2. File an international trademark, Madrid protocol application, and select Mexico as a designated country.

Before offering your products or services, you desire to perform a trademark search in Mexico. The reason is simple; you lot practice not want to use a previously registered trademark in United mexican states to avoid a trademark infringement lawsuit.

We as well propose you to perform a search before filing a trademark application to avert unnecessaries conflicts or delay during the process-

The Mexican trademark office -IMPI- is i of the nigh efficient trademark offices in the region. Their website has a complete office online database called MARCANET . Trademark online searches in Mexico are just available in Spanish.

You can besides brand trademark searches in Mexico using the European Union Intellectual Property Function -EUIPO- Trademark Database (TM VIEW ) that consolidates various national databases and allows searches in different languages.

This trademark search will perform an exact friction match search and tin also include other trademarks that contain the aforementioned search terms. A expert practise is to search too for:

  • Similar trademarks
  • Obvious variations equally plurals or gender
  • Translations.
  • Obvious misspelled words
  • Sound-alike works
  • Other accepted spellings

Y'all should also be familiar with the international trademark nomenclature of goods and services, AKA Nice Classification. This nomenclature is of import because trademarks are registered in a specific form, only they are also relations between the classes.

You should look closer to trademarks registered in Mexico that are registered in the aforementioned class or classes as your make, but also in classes that could be connected by consumers.

Once you accept a list of similar brands, you have to study one by one to run into if at that place is a take chances of confusion, and they encompass similar goods or services.

If you have a question nigh your search or want a legal opinion, our Mexican trademark attorneys tin can help.

No, Mexico does non accept multiclass applications. Y'all take to brand a separate application for each international course.

Foreign applicants should appoint a trademark chaser admitted to practice in Mexico. We can help you with that.

The trademark awarding must incorporate:
-the applicant'due south complete name, address, nationality;
-description of the product(s) or service(s) covered past trademark;
-a digital sample of the logo (if any);
-the engagement of first use of the brand in Mexico (if whatsoever); you should have evidence of this outset use considering it can be challenged after.
-co-ownership agreement in example of several applicants.

In case you lot claim a priority, we will need the land of origin, registration date, and application number.

In one case the role verifies that the awarding complies with all the requirements, it will order the publication of the trademark asking.

In Mexico, the trademark office does not crave the demand to file a Power of Chaser. Instead, our lawyer has to make an oath asserting that he has the authority to represent you. In our part, we asking a POA with a elementary signature just to go along in the record in case it will exist required later. No notarization or apostille is needed.

For many years Mexico was an exception to the globally accustomed opposition system. Only this has changed starting in September 2016.
About ten days after filing, the application volition be published. Third parties have 1 month to file an opposition.

A smooth application procedure tin take between 8 to 10 months. We telephone call a smoothen application one with no opposition or office actions.

Office actions can come at two different moments. The first, just afterward the application, and they volition be based on formalities or classifications. The 2nd, after the end of the opposition period, and they will be based on absolute or relative grounds of refusal.

Applicants will have 2 months (automatically extended if necessary) to reply to the office action. In instance y'all do non file a proper respond to the role action, the trademark will exist deemed abandoned.

Trademarks in Mexico are valid for ten years from the application date, and they can renew as many times every bit needed. You will need to file a trademark renewal and pay a renewal fee six months before or half dozen months after the expiration.

Yep, you take to file a proclamation of use three months subsequently the 3rd granting anniversary. Then every ten years, at the moment to renew your registration, y'all have to declare that you are using the trademark.

A registered trademark can be challenged for different reasons:

  • Lack of employ: if y'all have not used your trademark for 3 years, it can be canceled.
  • The trademark was incorrectly granted.
  • The application included false information
  • The registration was obtained in bad religion
  • The registration was obtained by a person with a relationship with the rightful owner of the trademark in another state.

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what our clients say

Dealing with foreign associates could be very frustrating. BR is always available to reply my emails and telephone calls

Jennifer, Trademark paralegal

Managing applications in different countries it is a lot of work. With BR I reduce the work load and I can spend more time on more than important matters. I am overall more productive

Adam, IP in firm counsel

Their simplified Ability of Attorney is really a deal maker.  My dominate simply signed electronically a POA and BR took care of the rest.  It is much simpler than working with other firms.
Tracy , Patent Administrator

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