Trademark registration in Mexico. Mexico, officially the United Mexican States, is a country in the southern portion of North America. Multiple international organizations coincide and classify Mexico as an upper-middle-income country or a middle-class country that is rising quickly on the world’s stage. Therefore, many businesses want to invest in this market, and one of the most important steps a business needs to do before entering Mexico is to have a unique trademark through the trademark registration process in Mexico.
Advantages of trademark registration in Mexico
The registration of a trademark grants the applicant ownership of the mark. Trademark owners who have successfully registered their trademark in Mexico will have the right to protect their trademark against infringements, unauthorized use of the mark, and/or unfair competition from their competitors. In addition, the trademark owner in Mexico also has the right to license or transfer the protected trademark.
Principles of international trademark registration in Mexico
- The applicant needs to file a trademark application for trademark protection. However, it is not illegal to use an unregistered trademark.
- Although not required, conducting a trademark search is very helpful to increase the chances of successful trademark registration in Mexico.
- Mexico is a member of the Paris Convention, the Nairobi Treaty, the Madrid Protocol, the Vienna Convention, the Lisbon Treaty. Therefore, the applicant can base on the treaties and conventions to which Mexico is a member to choose a suitable method for trademark registration in Mexico.
- Proof of prior use is not required for trademark protection. However, having proof of prior use will give the trademark owner a better argument, a better claim when it comes to protecting the trademark against claims of non-use.
- A trademark protected in Mexico is valid for 10 years from the date of registration of the mark.
Trademark Cancellation Process in Mexico
Registered trademarks are required to be used in Mexico. If the registered trademark owner does not use the trademark for 3 consecutive years, the trademark may be canceled due to a claim of non-use of the mark. The quantity of trademark goods/services required to justify the use of the mark in Mexico is not clearly defined.
The trademark cancellation process in Mexico will be conducted if one of the following factors is present:
- A registered trademark conflicts with a previously registered trademark.
- Trademarks include indistinguishable signs such as signs of the type, quality, quantity, purpose of use or value of goods/services, or other characteristics of goods/services.
- Trademarks that infringe the copyrights of other parties.
- Trademarks similar or identical to well-known trademarks.
- Similar or identical marks to bearings, pennants, and other state symbols.
- Trademarks conflict with protected industrial designs or geographical indications.
- Trademarks are generic.
- Trademarks against public policy or morality of society.
- Trademarks deceive the public.
You can see a list of Mexico IP firms here.