IMPORTS: $370.7 BILLION
POPULATION: 125,4 MILLION
TOTAL AREA: 1,972,550 KM2
CURRENCY: PESO (MXN)
OFFICIAL LANGUAGES: SPANISH
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
Nice classification, 11th edition.
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
• Power of Attorney: Not necessary
• Priority certificate: Not necessary
• Indication of date of first use of the mark or intention of use
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.
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: