FAQ2019-08-12T08:47:14+00:00

Do you do a free trademark search in Mexico?2020-01-22T11:15:28+00:00

We offer free identical trademark searches (order on our website).  Comprehensive search report is $150.

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Do I have to use my trademark in Mexico prior to filing?2020-01-22T11:15:00+00:00

No use is required for filing or registration.  Use before registration is actually not recommended since Mexico is a first-to-file country.

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How long are Mexican trademarks valid for?2020-01-22T11:14:30+00:00

A registered Mexican trademark must be renewed every 10 years from the date of the application. Trademarks may be renewed indefinitely.

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Why should I consider registering my trademark in Mexico?2020-01-22T11:14:06+00:00

Trademark right is a territorial right. Trademark protection is necessary to avoid infringement attack and protect your brand name. If you wish to have exclusive rights over your trademark in Mexico, you should consider filing your trademark there.

Mexico is a growing market for many businesses interested in opening opportunities in Latin America. Considering protection of your trademark in Mexico in order to avoid risks and to give it the seriousness and professionalism that your business deserves.

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Will a US trademark protect me in Mexico?2020-01-22T11:13:37+00:00

No, a US trademark is not valid in Mexico. Trademarks are only valid in a jurisdiction where they are filed.

In order to have protection in Mexico, you should file a separate trademark application in Mexico.

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Please explain trademark registration process in Mexico2020-01-22T11:13:18+00:00

When a trademark application is filed, the Mexican Trademark Office will review the application. The trademark application will undergo both formal and substantive examinations.

Within 10 days after the filing date, the mark will be published in the Official Gazette for opposition purposes. Period of publication during which third parties may oppose is one month. Opposition process in Mexico is different as it doesn’t stop the trademark if it was opposed. If an applicant fails to respond to an opposition, it does not mean that the application will be abandoned, it simply means that the Trademark Office will issue a decision on the opposed trademark, either by registering it or by denying it.

After the opposition period, the trademark will be approved for registration. The whole process takes about 4-8 months in total.

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Is power of attorney required for the filing or renewal of a trademark in Mexico?2020-01-22T11:11:27+00:00

A power of attorney is usually not required to file or renew a trademark in Mexico. However, it’s a trademark lawyer should have it in their file.

 

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How long is an opposition period in Mexico?2020-01-22T11:11:09+00:00

In Mexico, a trademark opposition period is one month.

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How long does it take to register a trademark in Mexico?2020-01-22T11:10:34+00:00

Registration process in Mexico can vary greatly. If there are no obstacles to registration, registration can be as quick as 2-4 months.

However, in case there are objections, registration can take a year or even a year and a half.

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Can I use my trademark in Mexico if it isn’t registered?2020-01-22T11:10:15+00:00

Since Mexico is a “first-to-file” country, we recommend that you file your trademark in Mexico before you start using it.

In Mexico, if you  use an unregistered trademark under the risk of and infraction action from a third party with a similar or identical trademark, or under the risk that a third party starts using your trademark for which you wouldn’t have the legal arguments to defend your trademark, or even worse, a third party could request the registration of your unprotected trademark for themselves.

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