Trademark registration in Mexico

Mexico is a first-to-file country so if your business has any exposure in North America, register a trademark in Mexico should be filed as soon as possible.

We can help you register a trademark in Mexico. We have a designated Mexican attorney to take care of all your legal needs in Mexico.

Important points about register a Trademark in Mexico Process:

Mexico is a “first-to-file” country just like China. It means that exclusive rights over a trademark are obtained by a trademark registration and not by trademark use.
It’s vital to file your trademark in Mexico as soon as possible and before use has started.
No proof of use is required in Mexico in order to register a trademark.
It takes about 4-8 months to register a trademark in Mexico so it’s a relatively good trademark for Amazon Brand Registry purposes, although it’s not the quickest trademark registration process.
Multiple class applications are not possible. It means that a Mexican trademark can only be filed in a single class.
A trademark is valid for 10 years and can be renewed every 10 years.
If a trademark has not been used in Mexico for three years, it may be subject to cancellation for non-use.

We have a designated Mexican trademark lawyer and can take care of your trademark legal needs in Mexico. We can also help with Mexican trademark oppositions or litigation.

Select a plan to start your Trademark Registration in Mexico

Prices are in USD for Mexico

SAIL THROUGH

$445

Covers filing your application and reporting the progress all the way to registration. Single class. This is our entry-level package.

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ALL IN

$745

Covers full trademark registration, including responding to non-substantive examiner’s objections. Single class. Re-filing guarantee.

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BELLS AND WHISTLES

$1195

Covers full trademark registration, including reporting and responding to all examiner’s objections. Re-filing guarantee.

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Prices depend on the country. Please check individual country page for exact prices for each package.

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Details About Pricing Packages

What’s included:

Preparation and filing of your application and reporting the progress all the way to registration.

Please note that in Mexico all applications can only be filed in a single class. Multi-class applications are not allowed. Our professional fees for the 2^nd trademark will be $355.

What’s not included:

Government fees, responding to examiner’s objections (office actions), opposition proceedings, free re-filing and additional extras that you get with the “ALL IN” package.

If an office action is received, you will be notified and provided with an estimate to respond based on our hourly rate. Where possible, we will try to give you a flat fee.

When to choose:

If your funds are limited and if our free trademark search didn’t uncover any obstacles to registration.

When it’s better to choose another package:

If our search showed that there may be an objection that may need to be addressed.

If your trademark may be problematic and re-filing may be required.

We usually recommend the ALL IN package in Mexico as objections there are quite common.

If you would like a re-filing guarantee.

What’s included:

Covers everything that is included in “SAIL THROUGH” package plus reporting and responding to non-substantive (procedural) office actions and free re-filing if your mark is refused by Mexican Trademarks Office.

Free re-filing will be done on our “SAIL THROUGH” package conditions – you will be responsible for government fees but we will waive professional fees. Check out our FAQ section for re-filing details.

Please note that in Mexico all applications can only be filed in a single class. Multi-class applications are not allowed. Our professional fees for the 2^nd trademark will be $355.

Free extras:

Unlimited consultations with us about your trademark (average value of $250).

What’s not included:

Government fees, substantive office actions, opposition proceedings and additional free extras that you get with “BELLS AND WHISTLES” package.

When to choose:

Most popular – this package gives you peace of mind and predictability of the budget. This is the package we recommend for Mexico.

Why is it a better choice than “SAIL THROUGH” package:

We will deal with non-substantive office actions absolutely free. On top of this, if your trademark is refused, you will have an option to file for a different trademark and our professional fees will be waived!

File with confidence:

If your trademark is refused,

We’ll file another – fee excused.

What’s included:

Covers everything that is included in the “ALL IN” package plus reporting and responding to substantive office actions and free re-filing if Client’s mark is refused by Trademarks Office.

Free re-filing will be done on our “ALL IN” package conditions – you will be responsible for government fees but we will waive professional fees. Check out our FAQ section for re-filing details.

Please note that in Mexico all applications can only be filed in a single class. Multi-class applications are not allowed. Our professional fees for the 2^nd trademark will be $995.

Free extras:

Unlimited consultations with us about your trademark (average value of $250).

What’s not included:

Government fees, opposition proceedings, cancellation proceedings.

When to choose:

If you want to pay one fee and not worry about being charged extra down the road. This package is recommended if our trademark search uncovered some potential obstacles to your trademark registration.

Why is it a better choice than “ALL IN” package:

We will deal with all office actions for free. In addition, if your trademark is refused, you will have an option to file a different trademark and our professional fees will be waived! This package gives you complete peace of mind and predictability of the budget. Read more about this package and why it’s the best here.

File with confidence:

If your trademark is refused,

We’ll file another – fee excused.

Frequently Asked Questions

What is a power of attorney? When do I need to sign a power of attorney?: A Power of Attorney, POA in short, is a legal document that authorizes an entity to represent or act for another person, usually, in the managing of the person’s property, business or private affairs. The former is called the Attorney or Agent whereas the latter is commonly known as the Principal. In Trademarks, a Power of Attorney is required to appoint an Attorney on your file so he/she can represent you before the respective Trademarks Office. Having said that, in many countries including the US, UK, Europe, Canada and Australia you don’t need to sign a POA for a standard trademark application (power of attorney is already implied when you entrusted your attorney/agent trademark registration). However, there are countries, such as, China, Mexico, Russia and India where a POA signed by the owner or any other person legally bound to the owner is required in order to file a trademark application. In the US, when an applicant wishes to replace its existing attorney and appoint a new attorney, it needs to sign a Power of Attorney authorizing the new attorney to prosecute the trademark application.
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Do you do a free trademark search in Mexico?: 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?: 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?: 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?: 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?: 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 Mexico: 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?: 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?: In Mexico, a trademark opposition period is one month.
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How long does it take to register a trademark in Mexico?: 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?: 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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What is the trademark classification system in Mexico?: Mexico uses the Nice Classification system. An important difference is that if you want to file a trademark application for multiple goods which fall in many classes, it will be necessary to file individual applications for each class of goods.
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What is required in order to file a trademark application in Mexico?: The full legal name of the applicant (either your company or your personal name) The full address of the applicant. The trademark name. If you are filing for a logo, we need to see the logo. The products which you sell or plan to sell under your trademark (provide a list). The services which you offer or plan to offer under your trademark (provide a list). There is no need to execute a power of attorney since the application is considered under bona fide basis. Power of attorney is usually not required.
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How is priority claimed in Mexico from a foreign trademark?: In order to claim priority, no priority document have to be filed. It’s enough to indicate foreign trademark number, country of filing and date of filing in order to claim priority from a foreign trademark. Mexican application must be filed within 6 months in order to claim priority from the country of origin.
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What is the examination procedure in Mexico like?: When a trademark application is filed, it becomes subject to two different types of examination. First of all, in the formal examination, the Trademarks Office will ensure that all the required information was submitted and that the statement of goods and services was correctly prepared. Secondly, in the substantive examination, the examiner will determine whether the trademark can be registered or refused on absolute and relative grounds.
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On what grounds can a trademark be refused in Mexico?: Absolute grounds: A trademark will be refused in Mexico if it is descriptive, misleading or generic. Also, a trademark in Mexico will be refused if it includes the name of organizations or other natural persons without their consent, or if it replicates any work protected under copyright. Relative grounds: Mark is identical or confusingly similar to a previously registered trademark. Mark is identical or similar to a famous trademark (unless permission from the trademark owner is obtained). Under lack of distinctiveness or if any of the circumstances established on point 7 are present on the trademark. The relative grounds for refusal are as follows: Marks identical or confusingly similar to previously registered marks or marks for which registration is pending, applied to the same or similar products or services. Renowned or famous marks, unless applied by the legitimate owner. Those that are descriptive of the products or services to be protected, those similar to other trademark registrations in full effect or in process of registration filed before, those that have capricious words in their elements, those that tend to confuse the consumers, those that include or are the name of organizations or other natural persons without their consent, those that replicate any work protected under copyright.
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Can surnames or full names be registered as trademarks in Mexico?: Yes, surnames or full names can be registered as trademarks in Mexico, provided that the owner has the written authorization of the person.
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What is considered a clearly descriptive trademark in Mexico and are they registrable?: Trademarks that describe the products name, quality or their characteristics, are considered descriptive and are not registrable in Mexico.
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Are geographically descriptive marks registrable Mexico?: For foreign geographical names, only those trademarks that are well-known to the public shall not be used as trademarks. Trademarks that consist of geographical names that have other meanings can be registered.
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Are multiple-class trademark applications allowed in Mexico?: No, multi-class trademark applications are not allowed in Mexico. Each class means a different trademark application in Mexico.
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Do I have to use my trademark in Mexico after registration?: Three years after registration of a trademark in Mexico, the trademark owner has to file a mandatory Declaration of Use. Otherwise, the trademark will automatically be cancelled. In addition, a declaration of use must be submitted each time the trademark is renewed. This is very similar to the US trademark registration and maintenance requirements.
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Can I file a trademark application myself in Mexico?: If you are a Mexican citizen or have a Mexican company you can file yourself. Foreign applicants must appoint a local agent in order to file a trademark in Mexico. All trademark applications filed by Trademark Angel in Mexico are filed by our Mexican attorney.
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Trademark Registration

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South America

Europe

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Trademark Registration

Asia

Middle East

Additional Services

Important points about register a Trademark in Mexico Process:

Select a plan to start your Trademark Registration in Mexico

SAIL THROUGH

$445

ALL IN

$745

BELLS AND WHISTLES

$1195

Details About Pricing Packages

What’s included:

What’s not included:

When to choose:

When it’s better to choose another package:

What’s included:

Free extras:

What’s not included:

When to choose:

Why is it a better choice than “SAIL THROUGH” package:

File with confidence:

What’s included:

Free extras:

What’s not included:

When to choose:

Why is it a better choice than “ALL IN” package:

File with confidence:

Government fees are not included in our packages and are extra

Mexico

Upgrades

Upgrade 1

$300

Upgrade 2

$750

Upgrade 3

$450

Frequently Asked Questions

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