Trademarks that distinguish goods or services should be registered in order to obtain the exclusive rights for use in Mexico.
The Authority that is responsible for implementing and regulating the intellectual property rights (trademarks, patents for inventions, advertisements, trade secrets, etc.) is the Mexican Institute of Industrial Property (“IMPI”).
Trade or service marks cover only specific goods or services within a single class of products. There are no multiple class registrations.
The trademark search is necessary, not only to determine the availability of a mark, thus avoiding useless expenses and fees if an obstacle arises, but also to avoid incurring any infringement against third parties through the use of the mark.
Once the instructions are confirmed, the results of the search can be made ready in approximately one to two business days for word marks.
In order to obtain the registration for a determined mark for a ten-year renewable period, submitting an application to the IMP will be necessary, with the following documents and information included:
The “IMPI” issues office actions in approximately four months after the filing date. If no obstacles to the application arise, the use of the mark may begin and the registration will be granted approximately six months later. Otherwise, the issue may take approximately twelve months.
No power of attorney for the entire process is required.