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

To open in a new tab, click: Do you do a free trademark search in Mexico?

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

To open in a new tab, click: Do I have to use my trademark in Mexico prior to filing?

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

To open in a new tab, click: How long are Mexican trademarks valid for?

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.

To open in a new tab, click: Why should I consider registering my trademark 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.

To open in a new tab, click: Will a US trademark protect me 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.

To open in a new tab, click: Please explain trademark registration process 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.

To open in a new tab, click: Is power of attorney required for the filing or renewal of a trademark in Mexico?

In Mexico, a trademark opposition period is one month.

To open in a new tab, click: How long is an opposition period 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.

To open in a new tab, click: How long does it take to register a trademark in Mexico?

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.

To open in a new tab, click: Can I use my trademark in Mexico if it isn’t registered?

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.

To open in a new tab, click: What is the trademark classification system 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.

To open in a new tab, click: What is required in order to file a trademark application in Mexico?

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.

To open in a new tab, click: How is priority claimed in Mexico from a foreign trademark?

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.

To open in a new tab, click: What is the examination procedure in Mexico like?

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.

To open in a new tab, click: On what grounds can a trademark be refused 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.

To open in a new tab, click: Can surnames or full names be registered as trademarks in Mexico?

Trademarks that describe the products name, quality or their characteristics, are considered descriptive and are not registrable in Mexico.

To open in a new tab, click: What is considered a clearly descriptive trademark in Mexico and are they registrable?

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.

To open in a new tab, click: Are geographically descriptive marks registrable Mexico?

No, multi-class trademark applications are not allowed in Mexico. Each class means a different trademark application in Mexico.

To open in a new tab, click: Are multiple-class trademark applications allowed in Mexico?

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.

To open in a new tab, click: Do I have to use my trademark in Mexico after registration?

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.

To open in a new tab, click: Can I file a trademark application myself in Mexico?