Mexico has joined the Madrid Protocol since February 19, 2013; therefore, Countries members of this system can designate Mexico in the international trademark application. Alternatively, it is possible to file a Mexican trademark application to the Mexican Patent and Trademark Office.
According to article 88 of the Industrial Property Law, “a trademark is understood as being any visible sign that distinguishes products or services of the same type from others of the same type or category on the market”.
Whoever wishes to obtain the registration of a trademark, must file an application for each class in which it was requested.
Use of the mark in the Mexican market has to be declared, if any. It is compulsory to provide the exact date of first use at the time of filing the application since it cannot be provided or amended later.
According to article 122 of the Industrial Property Law “A substantive examination shall be made to determine whether the trademark is eligible for registration under this Law. A substantive examination shall be made to determine whether the trademark is eligible for registration. If the application or documentation submitted does not comply with legal or regulatory requirements, if there is any impediment to the registration of the trademark or if there is prior art, the Institute shall inform the applicant accordingly in writing, allowing him a period of two months within which to rectify the errors or omissions that he has committed and to make whatever statement best serves his interests in relation to the impediments and prior art cited. If the applicant does not respond within the time allowed, his application shall be considered abandoned”.
Whether Mexican Trademark Office rejects registration of trademark, it shall inform the applicant in writing, stating legal grounds of its decision.
Once the application has been processed and the legal and regulatory requirements have been complied with, the title shall be issued.
Trademarks are generally published between 2 and 4 months from their registration; on the contrary, trademark applications are not published.
The registration of a trademark shall have a term of 10 years, starting from the filing date and can be renewed indefinitely, each time for ten years.
Trademark registration is subject to cancellation in the event of non-use for three consecutive years.