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.
Registration process of a trademark
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.
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.