Mexico Trademark Law: What legal notes to Mexico trademark certificate.

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 fails 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.

What are 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 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 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 registered trademark conflict with the earlier trademark.
– 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 deceive the public.

– The trademark consists the signs are undistinguishable such as the sign indicates the kind, quality, quantity, intended purpose or value of goods/services or other characteristics of goods or services.

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

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