Trademarks allow consumers to differentiate products and services available in the market from similar products and services of third parties. A Trademark, is a sign or names used to differentiate and distinguish any good or service from other similar or identical goods or services available in the industry and trade.
Trademarks are words, designs, tridimentional forms or a combination of two or more these elements; slogans or trade names are phrases, names used to do
business; when the distinctive sign are qualities of a region goods or services come from, are named appellations of origin; a collective mark is registered by associations t hat offer goods or services; when a trademark has prestige and reputation is called well know and famous trademark. There are four types of
trademarks under Mexican Law:
Word Mark
It is a trademark consisting of one or more words only, and no design, namely
Design Mark
It is a trademark consisting of a visible design, logo or form only and no words.
Tridimensional Mark
Is the protection of the final appearance of the product, packaging, wrapping or container, the products’ shape.
Mixed Trademarks
is a trademark which combines one or more words with a logo or design, or one or more words or with a tridimentional form.
Why is relevant to obtain a trademark?
- A trademark registration entitles Its owner the exclusively right to use the mark.
- A t rademark is an intangible asset that substantially increases a business worth.
- By means of e trademark registration we know that the use of the trademark does not infringes Industrial Property rights of third parties.
- A trademark gives secunty to the consumers, and gives its owner legal certainty and rights enforceable againts third parties.
- A trademark entitles 1ts owner to license the use of the subject good or service, grant franchises and ass1gn 1ts rights in the trademark.
- A trademark registration prov1des protection against any imitation of the image.
One trademark registration will protect a distinctive sign in connection with all the products?
No, Mexican Law does not allow multiple classes applications, We are part of the Nice Agreement which classifies the products and services in 43 international
classes. For example, if you wish to protect shoes and its commercialization, then you need to file a trademark application in class 25 to protect the shoes and another one in international class 35 to protect the commercialization of the product.
TRADEMARK APPLICATIONS IN MEXICO
TRADEMARK SEARCH IN MEXICO
When you are seeking the registration of a trademark is important to know if the trademark registration is available and if the use of the mark would infringe
Industrial Property rights of a third party. With a trademark search of antecedents you can know if the sign belongs to a third or if is free to be registered and in any event, to t race the strategy of the appropriate protection.
TRADEMARK APPLICATIONS IN MEXICO
The exclusive right of use of a trademark is obtained by means of its registration before the competent administrative authority, MEXICAN INDUSTRIAL PROPERTY INSTITUTE (IMPI). Once the trademark application is filed together with the Power of Attorney, the authorities carry out an administrative examination to determine if the products or services classification is correct as well as the application brief and the Power of Attorney. Thereafter, the authorities carry out a novelty examination by means of a search of the trademark requested, in the database of the MEXICAN INDUSTRIAL PROPERTY INSTITUTE (IMPI), to verify if there are identical or similar prior trademarks registered or applications. If there are antecedents, the authorities will issue an oficial action citing the prior similar trademark registrations or applications. Said official action must be replied in 24 months.
If there are not similar trademark which constitute a bar for the obtaining of the proposed registration, the authorities will grant the trademark registration issuing a Certificate of Registration. The life term of a Mexican registration is of 10 years as from its legal date, Trademark Registrations must be renewed each 10 years.