Find out how to register your trademark in Mexico in order to protect your brand and unique designs for the benefit of your company. This includes carrying out a thorough trademark search in Mexico to ensure your distinctive signs are unique and eligible for exclusive use.
Mexico represents a strong global economy, with a population of 131 million people and a growth rate of 0.9 percent, is the second largest economy in Latin America after Brazil. Mexico’s GDP in 2022 was ranked 14th in the world and its gross national income per capita exceeds 10,000 dollars. Mexico ranked as the 11th largest global recipient of foreign direct investment with over 35 billion USD.
Over recent decades, Mexico is now seen as a high-growth economy providing an attractive environment for business. Entrepreneurs create an average of 35,000 businesses monthly, in key sectors such as financial services, health, information and communication technologies, and education. With this information, the increasing creation of companies explains the considerable risk that a company may try to target your brand or IP, for this reason, it’s important to prevent and protect the entire company and include the trademark.
Definition of a trademark in Mexico
According to Mexico’s Industrial Property Law, a trademark is any graphic sign that is perceptible by our senses and capable of being protected for exclusive use. It distinguishes products or services from others of a similar type or class in the market. Its important to know that you have 10 years to use the trademark, after those years, you need to ratify your registration.
Acceptable elements for a trademark
In order to create the design of your Mexican trademark, Mexico’s Industrial Property Law lays out the following elements that a trademark can include:
- Combination of colors; letters; numbers
- Three-dimensional shapes
- Company name
- Personal name
- Sounds
- Aromas
- The decoration, packaging, shape or size of products.
It is also important to check the Nice Classification in order to choose the most suitable classes for your product or services.
Steps to register your trademark in Mexico
There are 6 key steps to register your trademark in Mexico. This process can take between 6-8 months.
Foreign companies must seek the support of a local agent to submit their application.
1. Carry out a trademark search in Mexico
Perform a trademark search on Mexico’s IMPI website MARCIA. This search will help you to rule out any similarity with other Mexican trademarks previously registered.
This is a crucial step for all companies seeking a trademark in Mexico. Ensuring your distinctive sign(s) are unique and available ensures a smooth application process with minimal delay.
Therefore, we recommend that you seek experienced legal support to conduct a thorough trademark search in Mexico to ensure that you have conducted a well-researched application.
2. Apply to register your trademark in Mexico
Once you perform your trademark search and no similarities are found, you can apply for the registration of your trademark in Mexico. To complete this process, you need to create an account in the IMPI electronic platform (PASE), and have an electronic signature and Unique Population Registry Code (CURP).
When logged in to this platform, you may select the registration of trademark menu and fill in all the required information about your trademark. Note that you must file an individual application per Nice class.
The payment of the respective fees is required for the application of a trademark in Mexico. These fees are around $200.00 USD per Nice class that is presented in your application.
3. Evaluation of your trademark application
The Mexican Institute of Industrial Property will study your application and will respond within a period of approximately 8-10 months. During this time the IMPI may contact the applicant to ask for more information about their trademark.
4. Publication in the Gazette
The IMPI must publish your application in the Information System of the Industrial Property Gazette (SIGA) within 10 days of receiving your application. This gives third parties the opportunity to comment on your application. You have one month for this step after publication.
5. Receiving comments from third parties
If there are similarities between the pending application and another registered trademark, or if a third party comments on your application after its publication in the SIGA, the IMPI may ask you to modify your application. It is therefore crucial that you conduct careful research before submitting your application.
6. Application approval
Once confirmed that your application is unique, the IMPI will approve your trademark.
Your trademark remains valid for 10 years from the date of application submission and you can renew it for periods of the same time following the registration of your trademark.
7. Renewal Process
To renew a trademark registration, the owner must submit a request within six months before its term expires. However, the Institute will also process applications filed within six months after the expiration. In the renewal application, the holder must declare the genuine and effective use of the trademark, specify the products or services it covers, and pay the relevant fee. The registration’s protection will extend only to the declared goods or services.
Common Asked Questions for Trademark Registration in Mexico
Based on our extensive experience these are the common questions and doubts of our clients when registering a trademark locally.
– The Applicant`s Contact Information (Business name, business ID number, country of incorporation, phone number, office address, email address, etc.).
– Determine the class of your products/services to be registered in the International (Nice) Classification of Goods and Services.
– A detailed description of the brand, its origin, design, general description, and business activity.
– The date at which you commenced using your brand commercially.
– If you wish to register your logo along with your brand, we request that you provide the logo in JPG format.
The timeframe to register a trademark is 6 – 8 months, provided there is no opposition from third parties.
Seek local support to register your trademark in Mexico
If you want to register a trademark in Mexico, it is normally best to work with an experienced team to help you in the process. Legal processes can be complex, and regulatory compliance is an obstacle if you are growing your company and aren’t sure about local laws.
The highly experienced Biz Latin Hub team can assist you and your business in navigating the legal, financial and commercial representation needs and laws governing Mexico’s commercial environment, and other economic powerhouses in Latin America.
Contact us today to get personalized support for your business’ unique designs and market entry needs today.
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The information provided here within should not be construed as formal guidance or advice. Please consult a professional for your specific situation. Information provided is for informative purposes only and may not capture all pertinent laws, standards, and best practices. The regulatory landscape is continually evolving; information mentioned may be outdated and/or could undergo changes. The interpretations presented are not official. Some sections are based on the interpretations or views of relevant authorities, but we cannot ensure that these perspectives will be supported in all professional settings.
