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.
Ease of doing business score in North America 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 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 companie and this 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 in Mexico’s IMPI website MARCIA. This search will help you to rule out any similarity with other Mexican trademarks previously registered.
2. Apply to register your trademark in Mexico – Once you perform your trademark search and no similarities were 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), have an electronic signature and Unique Population Registry Code (CURP). When logged in at this platform, you may select the registration of trademark menu and fill all the required information of your trademark.
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.
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.
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.
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.
Common Asked Questions for Trademark Registration in Mexico
1. What are the requirements to register a trademark in Mexico? – 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.
2. How long does it take to register a trademark in Mexico? 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. Learn more about our team and expert authors.
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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.
