Mexico Trade Mark Guide

Registration
A trade mark can be registered in Mexico pursuant to the Federal Law for the Protection of Industrial Property 2020 which provides for national trade mark applications.

The following information and documentation is required:

1. name of the trade mark
2. one copy of the mark (unless mark is word only)
3. class(es) and specification of goods and/or services
4. applicant’s name and address
5. copy of priority document (if priority is claimed)

It usually takes about six months for the Director General of the Mexican Institute of Industrial Property (IMPI) to process an application for registration. Paris Convention priority can be claimed. Once the registration is complete IMPI will issue a Registration Certificate.

Use
Since 10 August 2018 a Declaration of Use must be submitted within three months following the third anniversary of the date of registration.

Classes
The International Classification system is used. Multi-class applications are not allowed. A separate application is required for each class of goods and/or services.

Searches
In order to conduct a search the only documentation required is the name of the trade mark and one copy of the mark (unless mark is word only). The result can usually be provided within a week.

Renewal
A trade mark registration is valid for 10 years after which it can be renewed for like periods. Two months before the renewal date we will send you an Expiry Notice asking whether you wish us to renew the registration or allow the mark to lapse. If the registration is to be renewed the only documentation required is a Declaration of Use.

The application for renewal should be filed within six months prior to the expiration date of the registration. A grace period of six months, however, is allowed from the expiration date for the filing of the application for renewal. After that time a new application for registration is required.

It usually takes between four to six months for IMPI to process an application for renewal. Once the renewal is complete IMPI will issue a Renewal Certificate.

If you do not wish to renew the mark please inform us so that we can advise IMPI accordingly.

Abandonment
Please inform us as soon as possible if you wish to abandon your trade mark or allow it to lapse so that we can update our records and advise IMPI accordingly. This will avoid us sending out unnecessary Reminder Notices.

Assignment
Please inform us as soon as possible if the trade mark has been assigned so that we can file an application to record the assignment in Mexico.

To record the assignment of a trade mark registration the only documentation required is the Deed of Assignment (notarised and legalised / apostilled by the Mexican Consulate) and a Power of Attorney.

It usually takes about six months or less for IMPI to process an application to record an assignment. Once the recording is complete IMPI will issue a Certificate of Registration of Assignment.

Change of Particulars
Please inform us as soon as possible if there is any change to the registration so that we can file an application to record the change in Mexico.

To record a change of name and/or address for a trade mark registration the only documentation required is the document evidencing the change (notarised and legalised / apostilled by the Mexican Consulate) and a Power of Attorney.

It usually takes about six months for IMPI to process an application to record a Change of Particulars. Once the recording is complete IMPI will issue a Certificate of Recording showing the change.