The information provided outlines the Mexico trademark requirements, the trademark registry body, and the applicable law that applicants must comply with.
The Mexican Institute of Industrial Property (Instituto Mexicano de la Propiedad Industrial) also known as IMPI is the registry for intellectual property matters in Mexico. The IMPI has full responsibility for the registration of Mexico trademarks and all application for trademarks go to this office for review.
Mexico trademarks like many other jurisdictional trademarks must be capable of being represented graphically. In addition to this, the mark must be available (not previously registered in Mexico) and be capable of distinguishing itself from that of other trademarks representing similar goods or services. A Mexico trademark can be in the form of symbols, letters, numbers, drawings, words or three dimensional shapes, or a combination thereof.
The validity period of a Mexico trademark is 10 years and this is calculated from the date the trademark application for registration was filled. On expiry of the trademark and provided the mark was used in compliance with the Industrial Property law of Mexico, the mark can be renewed ever 10 years, indefinitely.
Mexico trademarks are regulated by the Mexico Industrial Property Law. Under the Industrial Property law (LIP), owners of a registered Mexico trademark are given exclusive rights to the mark throughout Mexico, preventing the unauthorized use of the mark by third parties in Mexico.
The LIP provides protection against the infringement of trademark rights or passing off and allows for the trademark owner to sue for damages where their mark, or a similar mark, has been used which harms the registered trademark in any way.
It should be noted that an amendment to the LIP on 16th June 2005 heightened the protection awarded to both “famous trademarks” and “notorious trademarks”. In Mexico a famous trademark is a mark which is well known to the general public while a notorious mark is well known to a selected group of people. Since the amendment to the Industrial Property Law, famous Mexico trademarks enjoy a greater level of protection throughout Mexico.
Starting Business can provide comprehensive consultation for your trademark registration, from assisting you with the initial trademark search to administering the relevant documentation. We are experienced in all aspects of trademarks from the initial designing process to ensuring successful trademark renewals.
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