Trademarks Registration in Mexico
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The Mexican Law on Industrial Property covers the following types of marks to be registered with the Mexican National Institute of Industrial Property, which is the leading agency that handles all matters related to the registration of trademarks, trade names and patents in Mexico: NOMINATIVE, FIGURATIVE, COMBINED, COLLECTIVE AND THREE-DIMENSIONAL TRADEMARKS, the latter, being the ones related to packaging, wrapping, bottles and shapes of containers for products that identifies products from others in the same class.
Trademark Registration Requirements in Mexico
To obtain a trademark registration, an application must be submitted in writing to the Institute with the following details:
I-Power of attorney appointing legal representative.
II .- Name, nationality and address of the applicant;
III-The hallmark of the brand, mentioning whether it is nominative, figurative, combined, or three-dimensional;
IV-The date of first use of the mark, which can not be changed later, or a statement that has not been used. In the absence of any indication it is presumed trademark has not been used;
V. – The goods or services to which the mark is applied in accordance with the latest version of Classification of Nice.
To register trademarks in Mexico on behalf of two or more persons acting as co-applicants, information as to the rules on the use, licensing and transfer of rights of the trademark agreed by the applicants should be submitted with the application.
As for the priority rights of trademarks
Article 117 of Trademark Law states that when a request for a trademark in Mexico made within the time limits determined by international treaties, six months from the first application made the country of origin of applicant, will be recognized the date of priority of the first filing of the application upon request and payment of a fee.
To recognize the priority rights applicant must meet the following requirements:
I. – That when applying for registration, priority rights are claimed by disclosing the country of origin, the date of filing and number of the application in that country;
II .- The application filed in Mexico will be intended to apply to the same goods or services covered by the application submitted abroad; in the event additional goods or services are applied for in the same application, the priority rights will be recognized only to those submitted in the country of origin;
III .- That within three months following the filing of the application, a certified copy of the application filed in the country of origin should be submitted to Trademark Office in order to meet the requirements indicated by international treaties, trademark law and its regulations.
The term for which is granted a trademark registration in Mexico is Ten years from the date of issuance, renewable for periods of the same duration. The renewal of the mark can be made six months before it expires, or six months after its expiration, in accordance with article 134 of the Industrial Property Law, upon payment of a fee.
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