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.