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Prosecution Of A Trademark Application In Mexico

FILING

PUBLICATION

OPPOSITION PERIOD

FORMAL AND SUBSTANTIVE EXAMINATION

GRANTING

CERTIFICATE OF REGISTRATION

FILING

The filing date of a Mexican trademark shall be the one assigned at the time the application is filed.

If priority is claimed, the filing date will remain the same, but the priority date will be recognized in the application.

PUBLICATION

Within 10 days from the filing date

When the trademark application fulfills the minimum requirements established by the Mexican Law, the Trademark Office will order the publication no later than within 10 days after the application was filed.

The trademark will be published in the Official Gazette for opposition purposes for a one month period.

OPPOSITION PERIOD

Publication + 1 month

In this period, any third party having an interest in objection the application, may file an opposition.

The opposition period may not be extended.

FORMAL AND SUBSTANTIVE EXAMINATION

Approximately 6 months 

After the opposition period ends, IMPI will proceed with the formal, absolute and relative grounds examination of the trademark application. 

In the case that an opposition was filed, the same will be notified along with the substantive examination of the trademark. 

GRANTING

Within 8 to 10 months from the filing date

If no obstacles are found, the Mexican Trademark Office will proceed to grant the trademark.

The mark will be protected for a period of 10 years, counting from the granting date.

CERTIFICATE OF REGISTRATION

1 month counted from the day of the granting resolution

The Trademark Office will issue an electronic registration certificate approximately within a month from the granting.

Useful Information

According to the applicable law, a trademark becomes vulnerable to a non-use cancellation action after its 3 years after its registration.

A Declaration of Use must be filed within the first three months counted from the third year after its registration date. (this obligation is only mandatory for trademarks granted after August 10, 2018.)  

A second declaration of use must be filed along with each renewal application.

MADRID

Paseo de la Castellana, 93
28046 Madrid, Spain
p.: +34 911 336 879
f.: +34 911 331 348
madrid@balderip.com

BARCELONA

Diagonal, 640
08017 Barcelona, Spain
p.: +34 935 475 532
f.: +34 911 331 348
barcelona@balderip.com

BILBAO

Gran Via, 19-21
48001 Bilbao, Spain
p.: +34 944 359 809
f.: +34 944 359 600
bilbao@balderip.com

PAMPLONA

Arcadio Maria Larraona, 1
31008 Pamplona, Spain
p.: +34 948 198 726
f.: +34 911 331 348
pamplona@balderip.com

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