The following articles shall comprehensively guide to register trademark in Mexico which the trademark applicant should note prior to officially filing Mexico trademark.
| QUESTIONS | ANSWERS |
| What is trademark rights in MEXICO: first to file or first to use? | First to file is applied in Mexico. It is required to register in order to obtain the protection of a trademark. However, using a trademark that is not registered is not illegal |
| What is advantage of trademark registration in MEXICO? | The trademark registration will recognize the ownership of the applicant with the trademark. The owner of the registered trademark also has the right to protect the trademark against the infringement action, unlawfully use of the trademark and/or unfair competition of their competitor. In addition, and also the owner of the trademark has the right to license or transferring the protected trademark. |
| Definition of trademark in MEXICO (i.e. What can be a trademark in MEXICO)? | The trademarks shall be a visible sign used in the market to distinguish products or services from others of the same sort. The visible may be a word; designs; three-dimensional (3D) trademarks and a combination of any of the aforementioned signs. |
| Do we need to conduct trademark search in MEXICO before officially filing trademark in MEXICO? and Why? | It is not compulsory. However, it is very useful for applicant to determine the chance of success when filing a trademark application in Mexico. |
| What international treaties MEXICO is a member? | Mexico is the member of Paris Convention, Nairobi Treaty, Madrid Protocol, Nice Agreement, Vienna Agreement, Lisbon Agreement. |
| When is opposition to trademark application in MEXICO? | Any parties have the right to file the opposition against an applied trademark before it has been granted the protection |
| Do we need Proof of use for trademark in MEXICO? | Proof of use is not required for obtaining the protection of trademark. However, it is required to have Proof of use for defending the trademark against the non-use claim |
| What rights do owners of trademark have after getting trademark registration in MEXICO? | After getting trademark registration, the owner of trademark has the right to defence the trademark against the infringement action, unfair competition, unlawfully use of the trademark or have the right to license or transfer the trademark registration to another party. |
| What is term of trademark in MEXICO? | A trademark should be protected in Mexico for ten years starting from the application date of the trademark |
| What is use requirement after trademark registration in MEXICO?
What actions could be considered as use of trademark in MEXICO?
Could we stop validity of trademark registration certificate based on non-use for a period of time?
How many years of non-use? |
The trademark is required to be used in Mexico. If the owner of registered trademark fail to use the trademark for three consecutive years, the trademark may be cancelled base on the ground of non-use. The amount of goods/services bearing the trademark for proving the use of trademark in Mexico is not defined. |
| Is cancellation of trademark registration in MEXICO available?
What is the foundations for such cancellation? |
The cancellation of trademark registration in Indonesia is available. A trademark may be cancelled where: – The registered trademark conflict with the earlier trademark; – The trademark consists the signs are indistinguible such as the sign indicates the kind, quality, quantity, intended purpose or value of goods/services or other characteristics of goods or services. – The marks that breach the copyright of another parties. – The mark that are similar or identical with the well-known trademark; – The mark that are similar or identical with the armorial bearings, flags and other state emblems; – The mark that are conflict with the protected industrial design or geographical indication. – The mark is generic; – The mark is against the public policy or morality of the social. – The mark that are deceive the public. |
| What is required documents for renewal trademark in MEXICO?
Is grace period after renewal date allowed? |
The grace period is 06 months from the expire date of the trademark registration. The request for renewal of a trademark is required for renewing a trademark in Mexico |
| Is customs record of trademark registration available in MEXICO? | The trademark registration may be recorded on customs data but it is not automatically mechanism. The owner of Trademark must file the request to Customs authority of Mexico for assistance with enforcement of trademarks |