Filing of the trademark application

Formal examination

Once the trademark application is filed, the Trademark Office (IMPI) will perform an examination destined to determine if the application filed and the attached documentation fulfills the requirements established by the law and its regulation. If the request fulfills the requirements, the filing date of the request will be that in which the request was entered the office. On the contrary, the date of presentation will be that in which the requirements have been fulfilled, given that said requirements have been fulfilled within the established legal term.

Substantial examination

Is performed once the formal examination has taken place, and intends to determine if the mark satisfies the stipulated requirements of registration in the Law. If the examination concludes that the application filed does not fulfill said requisites, the office will issue a written communication which will be notified to the applicant, who will then have a term of two months in order to amend the errors or complete the omitted information in the application. If no answer is filed by the applicant, the application will be considered abandoned.

Trademark Registration - Publication in Official Gazette

If the examination concludes that the application fulfills the requirements established by law, or once the errors or omissions have been corrected on time by the applicant, a certificate will be issued by the office, and published in the Gazette.

Duration of the registration

The protection of a registered trademark will last for ten years, which will be calculated from the date in which the application was filed. Registration can be renewed indefinitely, having a duration of 10 years for each new renewal period.

Proof of Use

Required only at the request of third parties, and will only apply when the granted mark has been without use during a period of three consecutive years or more.

Trademark Nullity

Within a term of 5 years from the date in which the registration of respective mark has been published in the Newspaper, interested third parties will be able to request a declaration of the nullity of the registered trade name, and will apply when some of the situations mentioned in article 151 of the Mexican Industrial Property Law concurs, within which emphasizes, the fact of having granted registration to an equal mark, or similar in degree of confusion, with respect to a trade name previously registered in Mexico or in foreign countries, including equal or similar products or services. This situation will have to be proven by the party requesting the nullity declaration.

Why Marcaria.com?

Because Marcaria.com is formed by a team of Attorneys, Engineers and Technical Experts with years of experience in Trademark Registration. We can assure you that your trademark application will be filed correctly and all processes will be performed in a timely manner. You will be periodically informed about the process and, if objections arise during the process, knowledgeable professionals will be there.

Also, we provide the best value for money of the market.

Visit the following page in order to proceed with your Trademark Registration in Mexico

The URL for Instituto Mexicano de la Propiedad Industrial (IMPI) - www.impi.gob.mx