Mexico Trademark Registration

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1. Is registration of a trademark mandatory?

   Registration is not compulsory, but it is advisable. Exclusive trademark rights depend upon ownership of a registration and, the legal benefits of registration may not be available otherwise.

2. Which Intellectual Property rights are registrable?

   Any symbol that can be reproduced graphically and is capable of distinguishing the goods or services of one person from another. This includes, among others, words, names, logos or labels and some three-dimensional forms, which may be registered as nominative marks (words), figurative marks (Figures without words), mixed marks (figures + words or stylized words), three-dimensional marks (any three-dimensional good that is distinctive of a product and / or service, such as perfume bottles, containers, etc.).

3. Can a trademark be registered for covering a commercial establishment which activity is focused in selling goods to consumers, for example retail stores? If so, how is the registration procedure? Are there any special requirements for it?

   Comercial establishments can be registered as a trademark in classes 35 to 45, depending on the services they will protect. Furthermore, if such establishment is located in Mexico, it can be registered as a Trade Name, following the rules established for the granting of a mark, but limiting its use only to the area of effective exploitation of the distinctive emblem in the country, that is central, southeast, southwest, etc.

4. Is there any advantage in using a trademark before filing an application?

   Yes. A person who has used an identical or similar mark without registration has rights if the use was in good faith, continuous, and commenced prior to the filing date of an existing registration for the same or similar trademark covering the same or similar goods, or prior to the date of first use declared by the registrant in the application papers. A prior user has the right to apply to register, but to obtain registration it is necessary to file a cancellation action against the existing registration within three years of the date when the existing registration was published.

5. How long does the registration process take?

   In the absence of objections and oppositions dictated by the Authority, the registration process takes approximately between 10 to 12 months.

6. Is there any requirement of use for registered trademarks? If so, what happens in case it is not used?

   A trademark must be used within three years of the registration date or the registration will become vulnerable to cancellation for nonuse. However, use after three years may cure nonuse, provided that in the interim no third party has filed an action for cancellation for nonuse.

7. In the case of a registered mixed trademark (word + logo), is it possible to include in the logo, different or additional words from those mentioned in the word mark?

   It is possible to use them separately only if you have registered them separately.

8. How can I know which is the due date for the renewal of a registered trademark?

   The term/renewal date of a registration is 10 years from the application date.

9. When should I pay the renewal fee of my registered trademark?

   A renewal must be filed during the six month period expiring with the renewal date.

10. Is it possible to pay the renewal fee of a patent after the renewal due date has expired? If so, when should I pay?

    It is possible to renew for six months after the renewal date.

11. What documents are required for filing a trademark or renewal application?

    The following documentation is required for renewal: power of attorney, declaration as to use.

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