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  • Jaime Deschamps

Trademark Registration in Mexico

In Mexico, trademark registrations grant the trademark holder the exclusive right to use the registered trademark for the exploitation of certain specific products. This means that no one may use such logo, name, sound or any other element or any other similar element in a confusing manner, without the authorization of the holder (for the products or services indicated).


Trademark is any sign perceptible by the senses and capable of being represented.


The following may be registered: denominations (names), letters, numbers, figurative elements and color combinations, holograms, three-dimensional shapes, the name of a natural person, sounds and smells, among other elements.


In Mexico, trademarks are regulated by the Mexican Institute of Industrial Property (IMPI) and their registration is requested to it.


The most common trademarks are the following:


Nominative: a name that may contain letters, numbers and/or symbols.

Unnamed: designs, images, figures or logos.

Mixed: A name + a logo that includes the name in the design.


Trademark registration in Mexico is for 10 years and must be renewed within 6 months prior to or after the 10th anniversary of the grant.


Additionally, 3 years after the grant of the trademark, a notice must be filed notifying the IMPI that the trademark is being used, this notice is called notice of actual and effective use and must be filed within three months following the third anniversary of the grant of the trademark.


The registration can be done online at the following page by Mexicans or residents in Mexico who have CURP (either personally or through a representative with CURP): https://eservicios.impi.gob.mx/seimpi/


The cost for the online trademark registration application is: $2,813.77 (two thousand eight hundred and thirteen pesos 77/100 M.N.) pesos per application if filed online (for each class applied for).


To carry out the registration of your trademark you must do the following:


1) Once you have the name and/or logo to be registered, you must decide for which products or services the trademark will be used and once you have them, look them up in the following page to know which class/s apply to those services (you must file an application for each class):

https://www.wipo.int/classifications/nice/nclpub/en/fr/


2) Once you have the name and/or logo and the classes in which you intend to register them, perform a previous search in the following pages: https://acervomarcas.impi.gob.mx:8181/marcanet or https://marcia.impi.gob.mx/marcas/search/quick.


3) If there are no similar marks that can be confused with the name/logo you intend to register in the same class, you can proceed with the registration with the peace of mind that it is likely that you will be granted the registration.


4) Create an account at IMPI with your CURP and enter the online trademark section at: https://eservicios.impi.gob.mx/seimpi/.


In order to fill out the application you will need the following information:


1. Name, nationality and address of the person who will be the owner of the trademark. In case of being a legal entity, you must indicate the data of the company.


2. Address of the commercial, industrial or service establishment (in case it is different from that of the trademark owner).


3. List of specific products or services to be protected with the trademark.


Once you fill out all the information, proceed to pay and finally sign with your CURP.


The process takes about 6 months to be resolved.


You can follow up on it at: https://acervomarcas.impi.gob.mx:8181/marcanet, once you find the file, at the bottom you will find a section that says "Trámite" and in the "ver detalle" section you can click on the magnifying glass symbol where you will find the IMPI communications.


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