Trademark Registration Application Process
- Application Submission: Applications may be submitted online or by mail.
- Trademark Publication: Within 10 working days after filing, an opposition notice is published in the Industrial Property Gazette. From the publication date, any interested party may file an opposition within one month (non-extendable).
- Formal Examination: IMPI (Mexican Institute of Industrial Property) reviews all formal requirements (including information and documents) and verifies the correctness of the classification of the goods/services to be protected. This process takes approximately 4–7 months.
- Substantive Examination: Divided into examination of relative grounds and absolute grounds.
(1) Examination of Relative Grounds includes:
- Whether there is a sign identical or confusingly similar to a previously registered trademark or a trademark under application, particularly for identical or similar goods/services.
- Whether there is a sign identical or confusingly similar to a well-known trademark.
- Whether it involves proprietary names, signatures, national flags, symbols, emblems, intellectual property, artworks, fictional characters, etc., without the explicit consent of the rightful owner or relevant authorities.
(2) Examination of Absolute Grounds includes:
- Whether it contains technical, generic, or common names of goods/services or uses common terms.
- Whether it involves three-dimensional shapes, industrial designs, or holograms in the public domain or widely used, and whether such shapes, designs, or holograms lack distinctiveness or are related to the general shape, nature, or industrial function of the product.
- Whether it uses descriptive or indicative terms to specify the type, quality, quantity, composition, intended use, value, origin, or production date of goods/services, unless combined or accompanied by other elements (such as symbols, designs, or names) to acquire sufficient distinctiveness.
- Whether it involves individual letters, numbers, or colors, unless combined or accompanied by other elements (such as symbols, designs, or names) to acquire sufficient distinctiveness.
- Whether it contains translations, transliterations, spelling variations, or artificially constructed combinations of unregistered words.
- Whether it includes geographical names (specific or generic), maps, nouns, and adjectives.
- Whether it uses specific regions or place names.
- Whether it is identical or similar to designations of origin, geographical indications, or names/signs characteristic of places known for manufacturing, producing, or commercializing certain goods/services.
- Publication and Registration Approval: IMPI issues the trademark registration certificate, and the trademark is published in the official gazette. The Industrial Property Gazette is published on the 15th of each month and in the final month of the year. If it falls on a non-working day, publication occurs on the next working day.
Required Documents for Trademark Registration
- Full name and address of the applicant, including city and country.
- Clear description of goods/services.
- If the trademark has been used commercially in Mexico, detailed dates of use are recommended.
- If the trademark has been used commercially in Mexico, details of factory addresses, office addresses, or commercial establishments are required.
- If claiming convention priority, provide the country of origin, application number, filing date, and exact description of goods/services.
Note: Trademark application materials must be submitted in Spanish. Non-Spanish parts must be translated into Spanish.
Mexican Trademark Opposition Procedure
- Trademark Publication: The trademark application is published within 10 working days after filing.
- Filing Opposition: Any interested party may file an opposition within one month after the publication of the trademark application. The opposition must include all supporting documents and evidence.
- Publication of Opposition: After the opposition period ends, IMPI publishes all submitted oppositions within 10 working days.
- Applicant’s Response Period: The trademark applicant has a two-month period (automatically extendable by two months) to defend against the opposition grounds, including arguments against IMPI’s absolute or relative refusal grounds.
- Joint Period: IMPI then sets a five-day joint period for both parties to submit final arguments or materials.
Note: The opposition procedure does not suspend the formal examination of the trademark application. IMPI continues the formal examination of absolute and relative grounds during the opposition process.
Mexican Trademark Remedy Procedures
- Submission to IMPI:
If the application is rejected after the applicant’s response to the first official action, IMPI issues a second official action. The applicant must submit a response to IMPI within 15 working days of receiving the notice.
- Appeal to the Federal Court of Administrative Justice (FCAJ):
If the application is still rejected after responding to the second official action, the applicant may appeal to the FCAJ within 45 working days of receiving the rejection notice.
The appeal is resolved by three administrative judges in a public hearing. Parties may not present oral arguments but may listen to the judges’ discussion. All arguments must be submitted in writing during the appeal period.
- Appeal to the Federal Circuit Court:
If the application remains rejected, the applicant may file a final appeal to the Federal Circuit Court against the FCAJ’s decision. The appeal must be filed within 10 working days of receiving the decision notice.
Protection Period
A Mexican trademark registration is protected for 10 years from the filing date.
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