How do you Register a Trademark in Mexico?
The process of trademark registration in Mexico is conducted with the Mexican authority of industrial property, the Intituto de Propiedad Industrial, or IMPI, and follows two basic phases, the first of which is optional, but recommended:
Pre-registration Phase:
Before the process of registration itself, you can access the IMPI database for registered trademarks, and so look for trademarks with which yours might conflict.
Ideally, your trademark will avoid:
being similar in spelling, sound or appearance to others that relate to similar goods or services
having certain generic qualities
incorporating certain place names
Getting this first phase right can save a lot of time and money by avoiding an unsuccessful application, and although expert help is always useful, in theory at least, anyone can do this online.
Also at this stage, you will need to determine for which class or classes your trademark should apply. This decides to which areas of goods and services your trademark is related, and these could be any number of different things.
Goods, for example, could relate to chemicals, or musical instruments, to meat and poultry, or textiles and clothing. And services, perhaps to advertising, or packing and storage, or to food and drink, or to veterinary services. Or all of the above and more besides!
This is a key part of the process, and some professional assistance may be especially helpful here – Mexico follows the International Classification System for goods and services (known as the Nice Classification), but since multiple-class applications are not allowed, each extra class requires an extra expense for your trademark registration. So once again, it’s something you’ll want to get right first time.
Registration Phase
Firstly, once you have decided on the scope of your trademark and completed the necessary paperwork, the application is filed with the IMPI, who check that the application meets their basic requirements.
Then, assuming that your application passes that initial phase, it is thoroughly examined in order to determine that your trademark is fit for registration.
If necessary, the IMPI will write to you to notify of any errors and required amendments, but once this examination is concluded, a certificate is issued, and the trademark officially published and registered.
The process with the IMPI, from day of application entry to day of trademark registration is often claimed to take between 6-8 months, but in reality is more often up to a year, and is valid from the date that the application was first filed for a period of 10 years, at which point it can be renewed for another 10 years.
How We Can Help
At Guerrero Santana we have experienced members of our legal team who are experts in Mexican and international industrial property legislation on patents and trademarks.
We offer essential support on the protection of your products, services and companies through the registration of distinctive signs, (trademarks, commercial names, protected denomination of origin and commercial notices), inventions and author rights, as well as trade secrets, franchises, and releases and issues of industrial property.
Furthermore, we will be here to inform, guide and advise you on all your needs and concerns throughout all the phases of your application and beyond, ensuring that your trademark is registered according to your precise requirements at minimum cost.