INTERNATIONAL TRADEMARK REGISTRATION BEFORE THE IMPI
November 22, 2023
The following is the procedure for filing or processing an International Trademark Application before the Mexican Institute of Industrial Property (hereinafter "IMPI"), taking into consideration the provisions set forth in the Madrid Protocol:
I.
APPLICATION.
The application for trademark registration is filed before the World Intellectual Property Organization (hereinafter "WIPO"), which will be the office of origin from abroad that shall act as means for the intended trademark to be registered in Mexico.
II.
OFFICE OF ORIGIN.
The application is reviewed by WIPO, in the event that there are any irregularities, the applicant is notified and, upon correction, WIPO's certification and signature as the office of origin is granted.
III.
APPLICATION TO THE INTERNATIONAL OFFICE (WIPO).
WIPO sends the international trademark application and it is reviewed to ensure it has no irregularities in the common implementing regulations and complies with the established protocol.
IV.
REGISTRATION AND PUBLICATION OF THE INTERNATIONAL REGISTRATION.
Once the application complies with the required formalities, the application is granted a number and registered in the international registry. Such registration is notified by publication in the International Trademark Gazette of WIPO; in turn,
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IMPI notifies the registration of the trademark to each of the parties.
Derived from the foregoing, it is possible to carry out the registration of an international trademark in Mexico through the Madrid Protocol, however, doing it through a local attorney specialized in such matter has several advantages, the main consideration being the ability to comply immediately with any requirement that may arise from the IMPI.
In this regard, it is advisable that individuals or legal entities intending to carry out the international registration of a trademark have a legal advisor in Mexico , thus deriving several advantages, among which are mainly the following:
1.
SPECIALIZED KNOWLEDGE IN THE MATTER:
As lawyers specialized in intellectual property, RVA Abogados has deep knowledge of the local laws and regulations, as well as of the specific procedures to carry out related procedures. The aforementioned guarantees a proper filing of the applications and a precise understanding of the particular requirements for each specific case.
2.
MANAGEMENT AND IMMEDIATE ATTENTION TO REQUIREMENTS:
During the registration process, the IMPI may make requirements or request additional information to the applicant of a trademark registration; for such purposes, RVA Abogados as specialized advisors in such matter, is qualified to attend and respond -within the legal terms- in an adequate manner such requests, avoiding delays in the registration process and guaranteeing
that all legal requirements are complied with in due time and form.
3.
EFFECTIVE PROTECTION IN MEXICAN TERRITORY:
By having local legal advisor in Mexico, a more effective protection of your trademarks in Mexican territory is guaranteed. As part of our activities, RVA Abogados will be in charge of carrying out a permanent monitoring of the trademark registration and, if necessary, opposing applications seeking to register similar trademarks that are already protected; likewise, we can offer specific strategic recommendations to maximize the security and effectiveness of your trademarks in Mexico.
Mexico City,
November 22nd, 2023.
The information contained herein is for information purposes only and is not intended to be a legal opinion or provide advice on any particular case. In case you require any specific guidance, before making any decision, you can contact us; we will be delighted to assist you on this matter.
We remain at your service in our address:
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Rio Duero 31 Col. Cuauhtemoc, A.i.c. Cuauhtémoc,
C.P. 06500, Mexico City.
Main line: +52 55 5242.0771
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Contact: Marcela Trujillo,
Managing Partner.
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