Mexico
Fees for registering Mexico trademarks
First class：
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Additional class：
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Renewal:
Service Process
Trademark registration time
The current trademark regulations in Mexico are mainly based on the Industrial Property Law, which came into effect on June 27, 1991 and was revised in 2016. The Mexican Industrial Property Office is responsible for managing trademark affairs, and the official language is Spanish. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The trademark registration in Mexico follows the principle of "application first".
Mexico is a party to international intellectual property treaties such as the Paris Convention, the Nice Agreement, and the WIPO Convention, and is a member of the Madrid Protocol. Therefore, trademark registration can be processed through "single country registration" or "Madrid International Registration".
Trademark Registration Process
Currently, Mexico adopts the Nice Classification 11th edition of product and service descriptions and does not accept applications for multiple categories in one form. The elements that can be registered as trademarks in Mexico include: text, name, graphics, color, three-dimensional logo, etc.
If the applicant does not reside in Mexico, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific categories and product/service items;
3. Name and address of the applicant;
4.If priority is declared, priority proof documents and corresponding translations must be provided;
5. Power of attorney.
The main process for applying for registration of a Mexican trademark is: application acceptance announcement examination approval issuance. After the application is submitted, it will be accepted within about 10 working days. The Industrial Property Office will first conduct a formal examination, that is, to examine whether the application requirements and classification information comply with the standards. After the examination is completed, the trademark application will be published ("Application Announcement"). The opposition period is one month from the date of the trademark "Application Announcement". During the opposition period, anyone can raise objections to the application. The main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. Trademarks are descriptive;
4. Trademarks are deceptive;
5. The trademark has adverse effects;
6. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there is no objection or objection is not established during the announcement period, the Industrial Property Office will conduct substantive examination of the trademark, including examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. After the examination is passed, it can be approved for registration and a registration certificate will be issued; If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If everything goes smoothly, trademark registration in Mexico takes 6-12 months.
Trademark registration materials
According to the New Federal Industrial Property Protection Law, which came into effect on November 5, 2020, Mexican trademarks are valid for 10 years after registration, starting from the date of registration; Renewal can be processed 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
The invalidation or revocation application after trademark registration can generally be filed based on the following reasons:
1. Violating relevant laws and regulations;
2. Malicious registration;
3.If a trademark is not actually used in that country for three consecutive years after registration, anyone may apply for revocation; Except for force majeure.
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