• Trademark fees

Fees associated with filing a trademark application in Mexico, as well as other trademark fees, are available in the fee calculator.

• Multiple-class applications

Mexico has a single class system. Multiple-class applications are unacceptable. Multiple Class International Registrations (Madrid Protocol trademarks) in which Mexico is designated will be divided into National applications, per class.

• Filing requirements in Mexico

The official language of the trademark application in Mexico is Spanish.

To obtain a filing date, the trademark application must contain:
- the applicant’s name, address, nationality;
- description of the product(s) or service(s);
- a sample of the trademark (if any);
- first use date of the trademark in Mexico (if any);
- co-ownership agreement in case of several applicants.

A Power of Attorney is not required in most cases. The Mexican Institute of Industrial Property will consider the agent authorized to file the trademark application on behalf of the applicant if the agent states under oath that they have such authority. If the agent chooses to file a POA, certification and legalization of this document are not required. It is possible to submit the POA after filing, and it remains valid until revoked.

In Mexico, the Priority Document number, country of filing and date is enough to claim priority rights.

• Examination, publication and opposition to a trademark application in Mexico 

The application will undergo both formal and substantive examinations, substantive examination includes a search for conflicting marks and an examination of the written application, amendments, drawings, and any specimen(s) or foreign registration(s), to determine whether the mark is eligible for the type of registration requested, whether amendment is necessary, and whether all required fees have been paid.

The mark will be published in the Official Gazette within 10 working days after the filing date, giving effect to a one-month non-extendable opposition period in which third parties may oppose the registration or publication of the mark.

• Grant, validity term and trademark renewal

No grant fee is stipulated. The validity term of a trademark registered on or after November 5, 2020 in Mexico is ten years from the registration date. Those trademarks that have been registered before November 5, 2020 are valid for ten years counting from the filing date. Trademark registration may be renewed an unlimited number of times for the 10-year periods. An application for renewal must be filed within six months prior to the expiration date or in the grace period of six months succeeding the expiration date.

The Power of Attorney is not required for renewal of a trademark registration if the renewal fee is paid by the attorney previously prosecuting the trademark registration. Otherwise, a scanned copy of the signed POA for the new attorney should be filed. If the POA is filed, it must be signed by the registrant and two witnesses. The document does not need certification or legalisation.

• Duration of registration procedure

The processing time from first filing to registration is approximately between 4-5 months in the case of a smooth registration procedure.

• Use requirement

After a trademark is registered for three years, the owner is required to submit a declaration confirming the real and continuous use of the trademark. This requirement applies to trademarks registered on or after August 10, 2018. The declaration of use for the third anniversary must be filed within three months following the third anniversary of the registration grant. This three-month term is non-extendable. Failure to file the declaration of use will result in the automatic lapse of the trademark registration without the need for written communication from the Institute.

Evidence of use of the mark is not required for filing the declaration of use for the third anniversary. The owner must specify whether the mark is in use for all products/services or only some of them, and if so, which ones. If use is declared for only some products/services, the scope of protection of the mark will be limited accordingly.

In addition, a declaration of use must be submitted alongside each application for renewal. A trademark registration may be cancelled on the grounds of prior use within non-extendable term of 5 years from the date of publication in the Mexican Intellectual Property Gazette.

• Representation by a trademark attorney

For foreign applicants, it is necessary to perform trademark prosecution in Mexico through a practicing trademark attorney of Mexico.

•  Notes

1. Online Search databases: Mexican Trademarks, International Trademarks.
2. The 2-month term must be observed for filing of a response to the provisional refusal of an international registration in Mexico. Calculation of time starts from the day of the refusal’s receipt by the applicant. An extension for two additional months can be granted if the corresponding fee is paid. The language of the response is Spanish, and it is recommended to appoint a local representative. In addition, it is possible to request a revision or file an appeal against the provisional refusal within 15 days after submission of the response.

Brief summary is based on the information provided by WIT LAW AND BUSINESS CONSULTANTS on 09.02.2024
Please contact us if the above information is not in conformity with Mexican IP Laws