Mexico

Trademark registration Mexico - Mexico is a member of the Madrid Protocol. The legal basis is the Industrial Property Law, in force since June 27th, 1991; last amended June 28th, 2010. Trademark protection is obtained by registration. The right to use a trademark can also be acquired by sufficient commercial use; however, this right may be impugned during a statutory period. Mexico follows the first-to-file system.

Requirements

A trademark application has to be filed before the Trademark and Patent Office (IMPI) by a local agent. It is sufficient to state under oath that someone is empowered to act on behalf of the applicant(s). Foreign applicants do not need a domestic registration.

Procedure

The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. It takes approximately 3-6 months from first filing to registration. After registration, the trademark is published in the “Trademarks Gazette”.

Duration

A trademark registration in Mexico is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years.

Methods

NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office.

INTERNATIONAL REGISTRATION (MADRID SYSTEM)*: If you already have filed a trademark application or have a trademark registration in one or more countries of the Madrid Union (based on the Madrid Agreement and Madrid Protocol), you can obtain trademark protection by filing one single application, so called International Registration (Madrid System).

*Note: The fees for an International Trademark Application (WIPO) will be calculated for each individual country or multiple countries. For a quotation please send us an e-mail with the name of countries where you currently have a registration and all preferable countries where you wish to extend your trademark protection.

Extra

Duly note, if the trademark has not been used within 3 years from issue of the registration certificate or has not been used later for a continuous period of 3 years, it may be subject to cancellation.