Diego G Rossi, Gilberto Martínez Maldonado and Ana L Vargas of Iberbrand analyse the potential issues that can arise when seeking trademark and patent registration in Mexico
When we talk about the Mexican IP world, we assume that, in comparison with other jurisdictions, our country will behave in the same way when it comes to the law on registration of trademarks
and patents. However, when requesting the protection of a trademark in Mexico, many of our clients, brand owners of a trademark right abroad, have faced recurring problems when requesting
or claiming the protection of that right in Mexico.
Different legislation
Although there are several international treaties to which Mexico is also a party, it should be noted that protection will cover only Mexico and its examination and possible granting will be subject to national legislation. Below are some provisions that might cause issues: a) classification criteria for products and services; b) the prior use of a trademark in Mexico or abroad does not generate automatic protection rights, as in other jurisdictions; c) scope of the opposition, as it is limited; d) multi-class protection is not allowed in Mexico.
What are the potential pitfalls in Mexican IP law?
Diego G Rossi, Gilberto Martínez Maldonado and Ana L Vargas of Iberbrand analyse the potential issues that can arise when seeking trademark and patent registration in Mexico and detail the firm’s ability to help clients with various issues
Costs
On some occasions and because the multiclass system is not applicable in Mexico, this means a greater cost for the applicant. Although it is important to highlight that in Mexico, the average cost
is affordable.
Deadlines
Although Mexico is a country whose response deadlines are some of the most agile, they are still long when compared with other procedures before other authorities. This is complicated for applicants seeking to obtain urgent registration of a brand for some issue, probably of a commercial nature.
Feasibility of use and registration As in other jurisdictions, it is always advisable to conduct a search for feasibility and risk of prior use to anticipate a possible rejection of trademark
registration. However, for some applicants, due to urgency or costs, this is not practical. If you would like to know more about this can reach the the Iberbrand Team, and we can advise
and/or help you.
Diego G Rossi
Diego G Rossi is the founder of IBERBRAND ® and the managing partner at the firm.
Ana L Vargas
Ana L Vargas Ramirez is a co-founding partner of IBERBRAND®. She manages the firm’s litigation and international trademark departments.
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Gilberto Martínez
Maldonado
Gilberto Martínez is one of the co-founding partners of IBERBRAND®. He heads the firm´s trademark and copyright department,
