Mexico is the second largest economy in Latin America after Brazil. In 2022, Mexico is ranked as the 9th largest recipient of foreign direct investment globally, with more than 30 billion USD. Rapidly increasing foreign investment in this country shows the inevitable development of the intellectual property industry, which is more important than trademarks. In the following article, Viet An Law will present issues surrounding trademark registration fees in Mexico for your reference.
- The Federal Law on the Protection of Industrial Property of Mexico in 2020.
Conditions for trademark registration in Mexico
For a trademark to be registered in Mexico, it must satisfy the following conditions:
- The trademark must be capable of being represented graphically.
- The trademark must be available for use and not previously registered
- Trademarks must be distinctive and not cause confusion to the public
- The trademark must be one or a combination of; words, letters, numbers, drawings and shapes.
- The trademark must not violate the Official Mexican Standards (known as “NOM”-Normas Oficiales Mexicanas).
Trademark registration procedures in Mexico
To successfully register a trademark in Mexico, clients need to take the following steps:
Step 1: Research the trademark
Similarly in Vietnam, although not required, conducting a trademark search before registration is very necessary and useful. A trademark search will help the application owner determine whether the trademark registration is successful or not. Or to choose a trademark with the highest possibility of being granted a protection certificate.
Step 2: File a trademark application in Mexico
- The procedure for submitting a label registration application is conducted at IMPI.
- Once the application is formally valid, IMPI will publish the application in the official gazette to receive feedback within 4 months.
- A substantive examination will then follow, in which the examiner determines whether the registered mark has already been registered by another party and whether the mark complies with the absolute and relative grounds.
- The examination process takes 12-18 months, this deadline can be automatically extended for another two months in case of relevant objections during the above period.
Step 3: Issue a trademark registration certificate
- After the expiration of the opposition period, if the registered trademark is not opposed by a third party, the Trademark Registration Office will issue a Trademark Registration Certificate which will be issued for the application.
- The registration certificate can be canceled if the owner does not use it within 3 years from the date of issue. Although proof of use is not required, the renewal application still includes an oath that the mark has been used in accordance with the law.
Trademark registration application in Mexico
- Name and address of the applicant.
- Trademark template.
- List of goods/services for which trademarks are registered, accompanied by descriptions of those goods/services.
- Power of Attorney if applying through an Intellectual Property Representative Organization.
- Notarized documents proving priority rights (if any).
- Co-ownership agreement in case there are multiple applicants
- Other relevant documents (if any).
Official language of trademark application: Spanish.
Trademark registration fees in Mexico
|Registration fee per application/1 class
||150 – 200 USD
|Additional fees for each additional group of the same brand
||140 – 200 USD
- The above service fee includes drafting, filing, monitoring, and reporting on the application process and sending the electronic Trademark Registration Certificate. This fee does not include handling and responding to trademark objections.
- In Mexico, each trademark application includes only 1 group of accompanying goods/services. With a trademark registered for multiple classes, the applicant must divide it into single applications corresponding to that number of groups.
Location to register a trademark in Mexico
Trademark applicants can apply for trademark registration in one of the following ways:
- Submit directly to the Department of Industrial Property (the Mexican Institute of Industrial Property – IMPI). Foreign applicants can only make direct applications through an Industrial Property Organization in Mexico.
- Submitted through the Madrid system. For applications consisting of multiple groups designated to Mexico, IMPI will divide into single applications within the national framework for each group according to regulations.
Trademark protection period in Mexico
Trademarks protected in Mexico will be valid for 10 years from the date of registration. This regulation has just been amended compared to the Mexican IP Law of 2018, according to which previously the 10-year period was calculated from the application filing date. This amendment gives trademark owners a longer period of exclusive rights to use their trademarks.
The term of trademark protection in Mexico is longer than these regulations in Vietnam (5 years). However, the nature of trademark rights can be extended an unlimited number of times, so the protection of the owner’s rights is not different too much.
Trademark registration service of Viet An Law
- Carry out the search and notify clients in writing of the results of the trademark registration search in Mexico;
- Prepare documents and support trademark owners to submit and monitor the status of trademark registration applications in Mexico;
- Notify, advise, and handle shortcomings/rejections from IMPI (if any) during the process of monitoring trademark registration applications in Mexico;
- Receive official dispatches and certificates and hand them over to clients;
If you need to register a trademark in Mexico, please contact Viet An Law for the most effective support.