1、 Introduction to Mexican Trademarks

The trademark law in Mexico is the Promotion and Protection of Industrial Property Law, which was designated on June 25, 1991 and came into effect on June 28, 1991.

In Mexico, the acquisition of trademark rights is based on the principle of registration.

3. The Mexican "Promotion and Protection of Industrial Property Law" stipulates that commodity trademarks, service trademarks, collective trademarks, advertising phrases, and names of origin can be registered in accordance with the law

4. Mexico adopts the International Classification of Goods and Services. When registering a trademark, the specific goods and services to be protected and their respective categories should be specified.

Currently, Mexico is a member of the Paris Convention for the Protection of Industrial Property, the Nice Agreement on the International Classification of Goods and Services used for the Registration of Marks, the Lisbon Agreement for the Protection of Indications of Origin and their International Registration, and the World Intellectual Property Organization.

2、 Required documents for application

1. Apply as a legal entity, with one copy of the Business License or valid registration certificate stamped with the official seal; Apply as a natural person with one copy of personal identification document attached;

2. The applicant's detailed information (in both Chinese and English), including name or title, nature, nationality, as well as detailed address, postal code, and contact information;

3. Electronic trademark samples;

4. Product name and category;

5. The signed power of attorney, if the application is submitted by an agent. If the applicant is a natural person, two witnesses must be present to testify before signing the power of attorney; If the applicant is a legal entity in Mexico, the public documents or power of attorney must be certified. If the applicant is a legitimate foreign entity, the power of attorney must comply with the application regulations of the commissioning country in order to be accepted.

3、 Application for Registration of Mexican Trademark

1. Applicant Qualifications:

(1) Mexican law stipulates that any person, merchant, or service provider engaged in industry may use a trademark in their industry, trade, or services and file a registration application with the trademark registration authority. However, the exclusive right to use a trademark is obtained through approval by the authorities.

(2) Mexican government agencies or organizations, as well as federal state governments in Mexico

2. Application process (smooth progress):

(1) Formal examination: the legality examination of the submitted application documents, trademark designs, power of attorney and other documents after the application is submitted; Those who meet the requirements will be granted the application date and application number.

(2) Substantive examination: Based on the law, examine whether the trademark has registrability, whether it is the same or similar to a previously registered trademark, and whether it violates the prohibition clause of the Trademark Law. For trademarks that fail substantive examination, the examiner will notify the applicant in writing and inform them of the reasons for rejection. The applicant may submit a re examination within the time limit from the date of receiving the rejection notice. Otherwise, the application will be deemed abandoned, and the application date and number will not be retained.

(3) Mexican Trademark Announcement: After examination, if the examiner deems the trademark application acceptable, it will be published in the official Mexican trademark announcement. The objection period is 3 months from the date of announcement.

(4) Registration approval: Trademarks that have been ruled to be eligible for registration after opposition, or trademarks that have been published without opposition, will be approved for registration and a registration certificate will be issued. The entire smooth application process (if there are no rejections, objections, etc.) will take approximately 12-15 months.

3. Mexican trademark validity period: 10 years from the date of application. If the trademark needs to be continued to be used after the expiration of the registration validity period, an application for renewal registration should be made 6 months before the expiration of the registration validity period. Each renewal registration is valid for 10 years.