Apply for Industrial Design registration in Mexico

Mexico is the country with many industrial design applications in most sectors. Mexico is an important electronics manufacturing hub, with a focus on products such as televisions, computers, and mobile phones. The demand for beautiful and user-friendly electronic design is increasing. Electronics companies in Mexico are investing in research and development to create innovative products. Mexico is an important electronics manufacturing hub, with a focus on products such as televisions, computers, and mobile phones. The demand for beautiful and user-friendly electronic design is increasing, so electronics companies in Mexico are investing in research and development to create innovative products. Mexico is famous for its handicrafts such as ceramics, jewelry, and textiles with highly skilled and innovative Mexican artisans. The Mexican government has introduced many policies to support the development of the creative industry, including industrial design. Therefore, more and more individuals and organizations want to register industrial designs in Mexico, Viet An Law would like to guide customers based on Federal Law on Industrial Property Protection.

Definition of Industrial Design in Mexico

In Mexico, the Federal Law on Industrial Property Protection defines an industrial design as any combination of images, lines, or colors incorporated into an industrial product for decorative purposes, giving it a specific appearance. This includes both two-dimensional (2D) and three-dimensional (3D) designs.

Conditions for registering an industrial design in Mexico

• Novelty: The design must be new, i.e. not publicly available anywhere in the world prior to the filing date or within the 12-month grace period prior to the filing date if the disclosure was made by the applicant himself/herself.
• Uniqueness: The design must be of a personal nature, i.e., the general impression it makes on the knowledgeable user is different from the general impression created by any other design that has been publicly announced.
• Industrial applicability: The design must be able to be mass-produced and applicable to an industrial product.
• Not contrary to public order or morality: The design must not be contrary to public order or morality.

Types of industrial designs that can be registered in Mexico

Two-dimensional design (2D) (industrial drawing)

• These are designs that are applied on the surface of a product and have a predominantly decorative purpose.
• Examples include patterns, textures, graphics, or any combination of images, lines, or colors that give the product a unique visual appearance.

Holographic (3D) (industrial model)

• These are designs that relate to the shape or configuration of a product as a whole or its parts.
• Examples include the shape of the bottle, the design of the seat, the configuration of the body, or the overall appearance of the electronics.

Types of industrial design can be registered

Industrial Design Registration Dossier in Mexico

• Application Form: The application form includes the following information:
  • Name, address, nationality and contact information of the applicant (and representative, if applicable);
  • Title of industrial design;
  • Specifies the products to which the style will be applied (Product Type).
  • International Classification Code for Industrial Designs (Locarno Classification).
• Representative image of the style:
  • Drawings, photographs, or other graphic images of the design.
  • These images need to clearly represent all angles of the style (front, back, side, top, bottom, perspective, etc.).
  • A maximum of 7 images can be submitted.
• Priority documentation (if applicable): If a priority claim is from a previous application filed in another country, the applicant will need to submit a certified copy of the previous application.
• Power of attorney (if applicable): If the applicant files through a representative (e.g., attorney or intellectual property representative), the applicant will need to provide a power of attorney that allows them to act on behalf of the applicant.
• Other documents, if any:
  • Copyright claim (if the applicant is not the creator of the design).
  • The transfer document (if the rights to the design have been transferred).

Fees for industrial design registration in Mexico

The fee for registering an industrial design in Mexico can vary depending on a number of factors, including the type of applicant (individual or legal entity), the number of designs included in the application, and whether any additional services are required.

• Application fee: This is the initial fee for filing, which can range from around 1,000 to 2,000 Mexican pesos (about 55 to 110 USD).
• Application fee: Once the application is approved, there is an application fee to be paid, usually around 2,000 to 3,000 Mexican pesos (about $110 to $165).
• Publication fee: There may be an additional fee for publishing the design in the official gazette.

Industrial design registration in Mexico under the Hague Agreement

What is the Hague Agreement on the industrial design registration?

The Hague Agreement on the Industrial design registration (referred to as the Hague Agreement) is an international treaty administered by the World Intellectual Property Organization (WIPO). This agreement provides an international registration system for industrial designs that makes it easy for individual designers and businesses to protect their designs on a global scale.

Benefits of registering industrial design protection through the Hague Agreement

• Simple: Instead of having to file an individual application in each country, the applicant only needs to file a single application in one language (English, French or Spanish) and pay in one currency (Swiss franc) to apply for protection in multiple member states.
• Savings: Significantly reduces costs compared to filing individual applications in each country.
• Centralized Management: Easily manage the applicant’s portfolio of registered industrial designs through a single system.
• Flexibility: The applicant can choose the countries in which you want to protect your industrial design.

Dossier of registration for protection of industrial designs under the Hague Agreement

A dossier for registration of an industrial design under the Hague Agreement includes the following documents:

• International Registration Declaration:
  • The applicant completes the application according to WIPO’s prescribed form in one of three languages: English, French or Spanish.
  • In the application, it is necessary to clearly specify the application for protection under the 1999 Document or the 1960 Document of the Hague Agreement.
  • List the countries in which the applicant wishes to protect his industrial design.
• Images or drawings of the industrial design: the image needs to clearly and fully show the perspectives of the industrial design that the applicant wants to register. The applicant also needs to pay attention to ensuring the quality of good and clear images or drawings.
• Documentation of payment of fees: The applicant notes that the international registration fee should be paid in accordance with WIPO regulations.

If you wish to file an application for registration of an industrial design, please contact Viet An Law for the most effective support.