FAQs

The trademark is required to be used in Mexico. If the owner of registered trademark fails to use the trademark for three consecutive years, the trademark may be cancelled base on the ground of non-use. The amount of goods/services bearing the trademark for proving the use of trademark in Mexico is not defined.

After getting trademark registration, the owner of trademark has the right to defence the trademark against the infringement action, unfair competition, unlawfully use of the trademark or have the right to license or transfer the trademark registration to another party.

Any parties have the right to file the opposition against an applied trademark before it has been granted the protection

Mexico is the member of Paris Convention, Nairobi Treaty, Madrid Protocol, Nice Agreement, Vienna Agreement, Lisbon Agreement.

Proof of use is not required for obtaining the protection of trademark. However, it is required to have Proof of use for defending the trademark against the non-use claim

The trademarks shall be a visible sign used in the market to distinguish products or services from others of the same sort. The visible may be a word; designs; three-dimensional (3D) trademarks and a combination of any of the aforementioned signs.

The trademark registration will recognize the ownership of the applicant with the trademark. The owner of the registered trademark also has the right to protect the trademark against the infringement action, unlawfully use of the trademark and/or unfair competition of their competitor. In addition, and also the owner of the trademark has the right to license or transferring the protected trademark.

It is not compulsory. However, it is very useful for applicant to determine the chance of success when filing a trademark application in Mexico

First to file is applied in Mexico. It is required to register in order to obtain the protection of a trademark. However, using a trademark that is not registered is not illegal