TRADEMARKS:

The Mexican Industrial Property Law defines trademark as any visible sign to distinguish products or services from others of its same kind or class within the market.

Furthermore, it sets forth that the following signs can constitute a trademark and, therefore, protected as such:

• I.- Denominations and visible drawings distinctively enough and prone to identify the products or services to which they apply or intend to apply, in face of those of the same kind or class;
• II.- Three-dimensional forms;
• III.- Trade names and corporate names or partnership names, provided they are not included within the following article, and
• IV.- The proper name of an individual, provided it is not confused with a registered trademark or a published trade name.

Types of trademarks

• Word Trademarks: As their name indicates, these trademarks are formed by one word or group of words.
• Design Trademarks: Formed by designed drawings and logos, with no words.
• Combined Trademarks: Derived from a combination of the two preceding trademark types; this is, formed by words and a design or logo.
• Three-dimensional Trademarks: Formed by three-dimensional forms of products; provided they can be specified, for example: packaging, containers, cases, etc. These are volume forms, and are equivalent to three-dimensional bodies, distinguishing products and services.
• Collective Trademarks: Distinctive signs to indicate geographical origin, materials, manufacturing process, quality, and other common characteristics of products and services from different companies that use collective trademarks. The owner may be an association or any other entity to which said companies belong, including public institutions or cooperative partnerships.

Advantages of registering your trademark:

• 1. Legal protection for the owner in case of any dispute.
• 2. Exclusive rights on words or logos.
• 3. Possibility of granting agreements of license of use.
• 4. Possibility of bringing civil and criminal actions against any person illegally using the trademark.
• 5. Promotion of international trade.

Our firm Baudelio & Cía. offers pertinent advisory services aimed to protect your trademarks, commercial slogans and trade names, both in Mexico and abroad, by conducting preliminary searches to verify that there are no similar prior registrations that may prevent the registration. We also offer advisory services in relation to what kind of classes of products and services shall be protected, the actual filing of trademark applications, as well as guardianship and supervision services regarding such applications even once the corresponding registration has been obtained, including the subsequent renewal petitions.

We also prepare answers to registration restrictions regarding both formal and in-depth examination official letters, and undertake all court and out-of-court negotiations that may hinder the granting of the registration, We also take care of the pertinent authentication of documents required for such purposes.

TRADEMARKS DECALOGUE

1.- Filing requirements

• Mexican procedure to obtain a trademark is not so complicated, since NO opposition system exists in our Federal Laws. For this reason, we recommend to make always a search previously to file the trademark application.

2.- Multi-class system

• We have NO multi-class system.

3.- Examination period

1. The application number is obtained at the moment of the filing. We send a copy of the filing application and our report within the following two days by e-mail and courier.

1. The Examination period usually takes between 4-6 months, if no “anteriority” is reported by the Mexican Trademark Office.

4.- Publication Period

• Is after granting (6 to 12 months if no anteriority is reported).

5.- Term to receive Certificate OF TITLE

• We can obtain the Certificate of Title in about 5-8 months, provided that no anteriority or Office action is reported by the Mexican Trademark Office.

6.- Trademark examination system in MEXICO

Based on the Mexican Trademark Office data-base.

7.- Trademark LIFE from filing date 10 years. 8.- Renewal filing date.

1. 6 months before expiration date or
2. 6 months after expiration date, paying additional charges.

9.- Term for a Trademark Cancellation.

• Mexican Law establishes that if a trademark is not in use for a period of 3 years, it may be canceled, but cancellation is NOT automatic, actually, it can be canceled only if a third party files a suit against said mark, otherwise, said mark would keep in force even though is not in use for more than 3 years.

10.- Charges from filing until registration.

• Please see our tariff.

11.- use policy IN MEXICO

1. First to file in case of registration and

1. First to use in case of litigation.

12.- REQUIREMENT OF Evidence of use upon the time of filing A TRADEMARK APPLICATION OR WHEN FILING AN APPLICATION FOR TRADEMARK RENEWAL.

• Evidence of Use is not required upon the time of filing a trademark application or when filing a trademark renewal application, EXCEPT WHEN FILING A CANCELLATION ACTION.