Trademark registration in Mexico

What is the process?
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What are the prices?

Here at Brealant we will aid you during the registration of your trademark!


This process will be managed by our team located in Mexico City in order to offer you a smooth and complete service. Our team haIntellectual Property experts ready to support you with the regisration process from scratch.

​Trademark registration costs

These registration costs, besides the application filing fee include the prior trademark research, the preparation of documents, the appointment of Brealant to act as your registered agent, monitoring, following up, and responses to minor office actions.

Total: USD$650 USD$550

The total cost includes both the government fee and our service fee. If you wish to know the costs for our additonal services, please contact us.
Request your registration with us!

​Registration process of a trademark

In Mexico an application has to be filed at the Mexican Institute of Industrial Property (IMPI). Each application involves only one class. Hence, separate applications have to be filed for each class, and the same fee applies for each class. Besides, it is important to know that foreign applicants need a local agent.

The application process includes two steps: a formal examination within 4 months and a in-depth examination within 2 months. Additionally, the in-depth examination involves an examination of distinctiveness and a search for prior trademarks. Hence, the processing time from first filing to registration or first office action is approximately 4 to 6 months.

In order to check for updates on the application process the national trademark database has to be monitored, and so the corresponding Gazettes, as no notifications will be sent, unless there is an office requirement. The trademark application is published once it has been received by the office within 10 business days in the Gazettes. There is a Gazette for requested applications, for abandoned applications, and for approved applications. The trademark application is published once it has been received by the office within 10 business days in the Gazettes. 


If the application is approved and thus the trademark registered in the country, the trademark is then published in the Approved Trademarks Gazette. The title of the trademark is sent digitally to the email address given by the agent.



Period to Oppose

 
         

Third parties affected by the application can file an opposition within one month from the date of publication in the approved trademarks gazette. The trademark applicant can give a reply within one month. Anyone can write the opposition, not necessary by a lawyer, as it is an administrative not legal process.



Trademark Validity


A trademark registration is valid for 10 years from date of application and renewable for periods of 10 years. The renewal application process can be done from 6 months before the expiration date, although if the registrant fails to file the renewal on the due date, they still have a period of 6 months after the trademark's expiration to finish it. Renewal process takes up to 3 months to be granted and must be filed in person, as the renewal form is only obtained at the IMPI offices. Only the renewal form and the payment have to be presented.

                                                                        

The first renewal has to be done together with the 2nd Declaration of Actual Use (DAU).



Requirement of Use: Declaration of use


If the trademark has not been used within 3 years from registration or for more than 3 years, it may be subject to cancellation due to non-use, according to the changes in the Law of Industrial Property that took effect on August 2018. An application for the declaration of use has to be filed to validate the use of a trademark only the 3rd year from the date of application and then the 10th year with the first renewal.

                                                                        

The DAU process must be made in person, as the proper form can only be obtained at the IMPI offices. Only the DAU form and the required payment need to be presented. The processing time involves 3 months to be completed and granted. 

                                                                        

For the first DAU applicant can only file it 3 years after the application date and the 2nd DAU has to be filed 10 years after the application date. Applicant has 3 months to complete it. Fail to file it, the application will be considered as abandoned.

Get in touch with our representatives

We offer free consultation about trademark registration in Mexico. If you have any questions regarding the registration process or costs, you are welcome to get in touch with us. We will provide all the support you need.

Contact us

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Brealant Mexico


Polanco Tower, Suite 1222
Calz. Gral. Mariano Escobedo 476
Anzures, 11590 Mexico City


+52 55 4739 2597