TRADEMARKS

MEXICO

GDP: $1,295 BILLION
IMPORTS: $370.7 BILLION
POPULATION: 125,4 MILLION
TOTAL AREA: 1,972,550 KM2
CURRENCY: PESO (MXN)
OFFICIAL LANGUAGES: SPANISH
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WIPO-administered Treaties:

Contracting Party of the Paris Convention: YES

Contracting Party of the Madrid System: YES

Trademark Law in Force:

Industrial Property Law, in force since August 10, 2018

Classification:

Nice classification, 11th edition.

Multiclass Applications:

NO.

Registrable Trademarks:

All distinctive and graphically representable signs, such as words, names, acronyms, devices, three-dimensional forms, titles of intellectual or art works, names of television or radio programs (as long as the owner of the IP rights of the works grants its written consent), sounds, odors, trade dress and colors. It is possible to claim secondary meaning for trademarks.

Formal filing requirements:

Absolute grounds for refusal: YES

Relative grounds for refusal: YES

Examination:

• Power of Attorney: Not necessary

• Priority certificate: Not necessary

• Indication of date of first use of the mark or intention of use

Opposition period:

30 days from publication date.

Average time from filing to grant:

Approximately 8 months unless any obstacles were raised.

Term of protection:

10 years from the date of application.

Use requirements:

YES. The cancellation can be requested if the trademark has not been used for a time period of 3 years, counting from the date of registration. (Partial cancellation not possible).



For national Trademarks and IR-designations registered after August 10, 2018, the Trademark Office in Mexico requires to file a declaration of use 3 years from the registration date. Furthermore, all renewal requests must include a declaration of use (also for Mexican IR designations).

Grace period for renewal:

6 months

Link to Trademark Office:

http://www.impi.gob.mx/

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