PROSECUTION GUIDELINES

• Contracting Party of The Paris Convention: YES.
• Contracting Party of The Hague Agreement on Industrial Designs: YES.

Federal Law under protection of Industrial Property (published in the official Journal on 1st of July 2020), in force since 5th of November 2020.

12 months.

YES, provided that that the different embodiments share the same general visual characteristics (unity of Invention).
However, this is reviewed during the substantive examination stage. If the examiner determines that the embodiments correspond to different designs, even if they share the same visual characteristics, the applicant is required to divide the application.

• Power of Attorney.
• Assignment Document.
• Priority Document.
• Formal Drawings.
• Specification.
• Claim.

YES.

Not possible.

• Filing.
• Formal examination.
• Publication.
• Technical examination.
• Notice of allowance.
• Renewal.

NO. Nullity proceedings are possible after granting.

12 – 18 months.

5 years, plus renewal terms of 5 years each, up to a maximum of 25 years.

• Contracting Party of The Paris Convention: YES.
• Contracting Party of The Madrid System: YES.

Federal Law under protection of Industrial Property (published in the official Journal on 1st of July 2020), in force since 5th of November 2020

Nice classification, 11th edition.

NO.

All distinctive and graphically representable signs, such as words, names, acronyms, devices, three-dimensional forms, titles of intellectual or art works, names of television or radio programs (as long as the owner of the IP rights of the works grants their written consent), sounds, odours, trade dress and colours. It is possible to claim secondary meaning for trade marks.

• Power of Attorney: Not necessary.
• Priority certificate: Not necessary.
• Indication of date of first use or intention of use.

• Absolute grounds for refusal: YES.
• Relative grounds for refusal: YES.

30 days from publication date.

Approximately 8 months, unless any obstacles were raised.

10 years from the date of granting.

YES. Cancellation can be requested if the trade mark has not been used for 3 years, counting from the registration date. Partial cancellation is possible.

A Declaration of Use must to be filed for all trade marks (both national and IR-designations) registered after 10 August 2018. The first Declaration of Use has to be filed 3 years from the registration date. A second declaration of use must be filed along with each renewal application.

6 months prior to renewal date.

6 months.

http://www.impi.gob.mx/

• Contracting Party of The Paris Convention: YES.
• Contracting Party of The Patent Cooperation Treaty (PCT): YES. Due term for entry into national phase: 30 months.

Federal Law under protection of Industrial Property (published in the official Journal on 1st of July 2020), in force since 5th of November 2020

• Patent of Invention.
• Utility Model.

NO.

• Power of Attorney merely signed (no legalization required) within 60 days from office action.
• Assignment document from the inventors merely signed (no legalization required) within 60 days from office action (not required for entry into national phase of PCT applications).
• Digital copy or certified copy of priority application within 90 days from filing (not required for entry into national phase of PCT applications provided that PCT/IB304 form is available).

Accepted. Late submission of the Spanish translation is possible within 60 days from office action.

NO.

NO.

YES, within 2 months from publication.

NO.

3 years.

20 years from filing date.

15 years from filing date.

UM suitable for utensils, instruments, tools, apparatus, devices, or any parts or improvements thereof, but not to chemical products, methods or uses; lower threshold for inventive step.

Payment for periods of 5 years after grant.

NOT mandatory.

YES.

http://www.impi.gob.mx/