Owners of Mexican trademarks are granted exclusive rights to the trademark in Mexico. To register a trademark in Mexico the application will need to be filed through the Mexican Institute of Industrial Property (IMPI).
If you have not registered your trademark in Mexico but are already using it you are not granted any rights. Enforcement of trademark rights in Mexico is extremely difficult in the case of unregistered trademarks.
Cancellation actions against a registered trademark are available even if you do not have a trademark registered in Mexico. For this you will have to show that you effectively used the trademark before the filing date of the conflicting mark.
All official trademark fees in Mexico are in Mexican pesos. However, when working through iGERENT our prices can be paid in USD, EUR or GDP. All our fees for trademark services include all government fees and professional fees.
We will always quote you on the exact amount our trademark services cost, whatever these might be.
Applying for a trademark in Mexico does not ensure that it will be registered. Before starting the process and paying the required filing fees we recommend you first start with a trademark search in Mexico.
A Mexico trademark office search is optional. We do recommend it as it will alert you of possible conflicting trademarks that may already exist in Mexico. Our trademark search report in Mexico also includes a detailed analysis of possible conflicts that may arise during the registration process. Our trademark agents will provide you with recommendations on the steps that should be taken before starting the registration process.
A full trademark search allows you to know if it is worth starting a trademark registration process in Mexico. This may save you a considerable amount of resources and time.
Foreign nationals can register a trademark in Mexico. However, under Mexican law they will need to be represented by a local intellectual property attorney. A power of attorney document enabling the trademark agent to represent the foreign national or company will need to be presented.
We have an international network of intellectual property attorneys that will be able to handle your trademark needs. Our Mexican trademark attorneys are standing by to help you with all your trademark needs.
The process to register a trademark in Mexico is very fast. The trademark registration process does not take more than 6 months unless opposition actions are received. This is significantly faster than registering a trademark in the United States.
The Mexico trademark office will carry out a search of prior trademarks filed or registered through the Mexican trademark office database. Only live trademarks will be considered by the Mexican trademark authority at this stage.
Once a trademark has been accepted it will be published in the Mexican trademark journal for opposition purposes. After publication there is a one month period in which anybody can oppose your trademark´s registration. The grounds for opposition are set out in Article 90 of the Industrial Property Law of Mexico.
If the trademark process is successful the Mexican trademark office will then grant a trademark certificate.
Mexico is a member state to the Madrid Protocol. Apart from filing your trademark directly through the Mexican trademark office, extending an international trademark to Mexico is also possible. Mexico is part of the Madrid System. Contact us for further information regarding our services for international trademark registration for Mexico via the Madrid System.
Registration of a trademark is the first step to protecting your mark. Use of the trademark is required for the trademark to keep live. If you did not use the trademark the risk of receiving trademark cancellation actions against your registration was a possibility. Not using a trademark in Mexico does not only put your trademark at risk but will lead to its automatic cancellation.
The trademark owner will need to file a declaration of use every three years after a trademark is registered in Mexico. The declaration of use is done through the Mexican trademark office. Evidence of use of the trademark within the Mexican market may be required.
If a declaration of use of a Mexican trademark is not presented under Mexican trademark law the mark will automatically lapse. This will happen after three month from the date in which the declaration of use should have been presented.
Once you have registered a trademark in Mexico you will be granted a trademark certificate of registration. The certificate of registration in Mexico allows you to demonstrate you do in fact own the trademark. However, the property right in Mexico is not indefinite.
A Mexican trademark is only valid for a period of 10 years. The 10 year period of validity of the trademark is not from the date it was successfully registered. The 10 years for the date the trademark was filed through the trademark office.
The trademark owner will need to renew the trademark six months before the expiration date. A further six month window exists to renew the trademark after its ending date.