Mexico

Legal basis is the Industrial Property Law, in force since June 27th, 1991; last amended April 09, 2012. Mexico is a member of the Madrid Protocol.Trademark protection is obtained by registration. The right to use a trademark can also be acquired by commercial use; however, this right may be impugned during a statutory period.

Trademark registration classification:

Nice Classification

 Requirements:

  • Full name, domicile and state of incorporation of the applicant.
  • Name, full domicile and nationality of applicant or applicants
  • Identification of trademark or service mark sought to be register
  • Full domicile where the goods are, or will be manufactured, or where the services are or will be rendered in Mexico or abroad.
  • Date of first use (if any) of the corresponding trademark in the Mexican Republic, indicating day, month and year. 
  • Specific goods or services to be protected under the International Classification. Under Mexican Trademark Law, it is not possible to claim “all the goods/services” of the International classes, but rather you have to specify in detail the goods or services to be covered.
  • If Convention priority is to be claimed, the serial number, filing date and certified copy of the corresponding foreign application on the basis of which Convention priority is to be claimed. 
  • A Power of Attorney: When a physical person grants the Power of Attorney, it should be executed before two witnesses, indicating their full names and domiciles.  In this case, it does not require notrial certificate, or authentication with the Hague Convention Apostle or legalization by a Mexican consul.

 Procedure:

  • The application is filed at the Mexican Institute of Industrial Property.
  • The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. 
  • After registration, the trademark is published in the “Trademarks Gazette”.
  • Mexico’s trademark system does not have opposition proceedings and therefore the Mexican PTO makes an ex-officio examination about the earlier marks which may be similar to the trademark application.
  • The processing time from first filing to registration or first office action is approx. 4 to 6 months.

Duration and Renewal: A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years provided that use is taking place.



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