On August 30, 2016 the system of opposition to trademarks shall enter into force in Mexico.
All trademark applications will be published in order to allow third parties to file an opposition to the registration of the mark.
Anyone will be able to oppose the registration of a trademark application on the basis of a prohibition under the Trademark Law of Mexico, without necessarily being the holder of a trademark application or registration and without the need to have rights on the opposed application.
The deadline for opposition will be one month from the date of publication of the trademark application.
The filing of the opposition will not suspend the process of the registration of the trademark: the arguments submitted during the opposition will be considered by the Mexican Trademark Office in order to take a decision on the registration of the proposed mark, but the office will not issue a specific decision on the opposition.
The decision on the registration of the contested mark (acceptance or refusal of the application) will be notified to the opponent to enable him to file other legal action against the mark as well as to know the grounds of the refusal of registration, if the application will be refused.