The Mexican market is a dynamic and potential market, with nearly 1With a population of 300 million, it is the third largest economy in Latin America and the second largest in the world. Mexico has a large number of Internet users, more than 80 million, and a high Internet penetration rate, which makes it a good entry point for cross-border e-commerce companies to explore the Latin American market.
Avoid "stepping on the pit" when registering trademarks and designs in Mexico, Mai Mai highly recommends collecting this article!
Trademark registration in Mexico
The Mexican Trademark Registration Certificate is valid for 10 years from the date of grant of registration and can be renewed indefinitely by filing a renewal application. However, 3 years after the issuance of the registration certificate, a declaration of use of the trademark must be submitted, otherwise the registration will be cancelled.
Application Materials
1. The name and address of the applicant are in Chinese and English.
2. Trademark information (text sample).
3. Specify categories and goods and services.
4. A copy of the applicant's identity certificate or a copy of the business license.
Registration Process
1.Conduct a trademark search: Conduct trademark search in Maidtom intelligent tool to reduce the risk of registered trademarks;
2.Filing a trademark application: You need to fill in the required information of the registered trademark;
3.Trademark Examination and Evaluation: Medtoon provides the submitted application materials to the lawyer, who submits it to the Mexican Institute of Industrial Property after a preliminary review;
4.The official receipt is issued: The acknowledgment of receipt of trademark application in Mexico will generally be issued within 5 days after the submission of the application materials;
5.Official reviewIf the trademark passes the formal and substantive examination by the Trademark Office, the trademark will enter the publication period, and if the examiner believes that the trademark does not comply with the provisions of the Trademark Law, an office action will be issued.
6.Announcement Period: 2 months.
7.Trademark registration approval: Confirm that your application is unique and the Mexican Institute of Industrial Property will approve your trademark. After the trademark is successfully registered, an electronic registration certificate will be issued, and the applicant should pay attention to retaining the evidence of the real use of the trademark in Mexico.
Mexican design application
Mexican design patents are valid for 5 years from the filing date and can be renewed in advance upon expiration, each time for a maximum of 5 years, with a maximum term of protection of 25 years. The deadline for filing the renewal application is 6 months before the expiration date, and if it is overdue, it will enter a 6-month grace period, and if the renewal is not renewed within the grace period, the appearance will become invalid.
Application Materials
1. The applicant's name and address in both Chinese and English.
2. Design-related information (product name, product use).
3. Name and address of the inventor in Chinese and English.
4. Six-sided view + three-dimensional view (jpg format for each view).
5. If priority is claimed, priority information shall be provided.
6. Scanned copy of power of attorney.
Application Process
The date on which the MPI receives the application for design registration will be deemed to be the filing date, and the application materials will be formally examined upon receipt of the application. If there are any omissions or deficiencies in the materials during the formal examination, a notice of correction will be issuedThe applicant is required to provide the necessary explanations, elaborations or additions to the missing content within 2 months.
If the applicant does not make an explanation or supplement within the prescribed time limit and meets the legal requirements, then the application for registration of the design will be deemed to be abandonedThe time limit for issuing the receipt is 1 week, and the time limit for registration is 16-18 months.
In the case of an application for design registration that has been examined, the Mexican Patent Institute will make a disclosure and issue a notification of approval of the registration to the applicant. The applicant is required to pay the grant fee and the maintenance annual fee for the first 5 years within 2 months of receiving the approval of the authorization notice.
Precautions
The object of protection cannot be registered as the object of registration of the design, and lacks novelty or industrial application;
The appearance drawing cannot make people fully and clearly understand the design of the product, and the appearance drawing does not meet the official requirements;
Lack of statutory application materials at the time of application;
when amending the design registration or by reducing one or more claim limitations, expands the scope of the object of protection, or reduces the novelty that the design should have;
novelty due to priority due to error;
The registrant of the design does not have the right to register.
Medtoon is a wholly-owned sub-brand of Taxcom, which is the official designated FFC subsidy service provider in Mexico by AmazonWith a team of overseas lawyers with 14+ years of experience, its closely interacting overseas firms, leading institutions and senior lawyers have covered more than 1,700 law firms in more than 220 countries and regions on four continents.