Basic filing requirements for a trademark application in Mexico
Minimum requirements for successfully filing a trademark application and obtaining a filing date are as follows: (1) signed trademark application using the standard form provided by the Mexican Trademark Office (MTO); (2) basic information related to applicant; (3) description of goods and/or services under the Nice Classification; and (4) payment of official fees.
Applicants may choose to claim a date of first use of the mark in Mexico.
If an application is filed by more than one applicant, a co-ownership agreement is required.
No additional governmental fee applies for number of goods or services covered by a single application.
When the application is filed through an agent, a Power of Attorney (POA) is not required. Local representation is required for applicants residing abroad.
Claiming a foreign priority.
If the application claims any foreign priority, applicant must provide filing date, filing number and country of origin for the foreign application. Additional fees must also be paid. No additional documentation is required.
Multi-class applications
Mexico follows a single class system for trademark applications. International Registrations under the Madrid Protocol covering multiple classes will be divided into single national applications, per class, when designating Mexico.
Overview of examination procedure for a trademark application in Mexico
After filing, trademark applications in Mexico undergo a formal examination, opposition period and substantive examination.
Publication for opposition and each examination period are initiated automatically, so no actions or payment of fees is required.
Duration for a trademark’s procedure
Usually, trademark applications take an average of 6-8 months from filing date to be granted in Mexico or to receive an office action if any obstacle for registration is found during the substantive examination or opposition period.
Validity term, declarations of use and renewals.
A trademark application deemed acceptable by the MTO is granted automatically. No granting fees or additional requests are necessary.
A trademark owner must file a declaration of use within three months following the third year anniversary of a trademark registration’s granting date. Failure to file a declaration of use will cause the registration to lapse automatically.
This is a requirement that applies for any trademark registration granted on and after August 10th, 2018.
Trademarks have a validity term of ten years, from granting date. Trademarks may be renewed for consecutive ten year periods indefinitely.
The term for renewing a registration for a trademark is six months prior to the expiration date and up to six months after the expiration date.
Local representation is required for trademark holders residing abroad to request renewals or file declarations of use.
