By: Marian Sánchez
In the business world, a trademark is much more than just a logo or a catchy name; it is an essential part of a company’s identity and a valuable asset that can make a difference in the competitive market in which it operates. In this article we will explore what a trademark is and how its registration process works in Mexico.
Mexican law defines a trademark as “any sign perceptible by the senses and capable of being represented in a way that allows for a clear and precise determination of the object of protection, distinguishing products or services of the same kind or class in the market from others.” Trademarks fall under the category of distinctive signs in the Federal Law of Industrial Property and are divided into traditional and non-traditional categories.
In Mexico, the authority responsible for the administration and oversight of trademark registration is the Mexican Institute of Industrial Property (IMPI). This registration process is essential to protect your rights and prevent third parties from using your trademark without proper authorization. Here is a summary of the steps to register a trademark in Mexico:
- Once you have decided on the brand name you want to register, you need to conduct a search to ensure that no one has registered it before. This search is done through the IMPI (Mexican Institute of Industrial Property), and it’s crucial to have the guidance of specialized lawyers in trademark registration to correctly interpret the corresponding phonetic search.
- Properly complete the trademark application form required by the IMPI, which includes basic information about the owner and the business you want to register. This application can be submitted either in person or electronically.
- Once submitted, the IMPI will examine the application to ensure that all requirements are met. During this period it’s important to constantly check the status of the file on the IMPI’s online portal.
- If the application is approved and the registration is granted, you will be notified by the IMPI, therefore providing protection for your new brand.
Once your trademark is registered, you will have the necessary legal protection to enforce your rights and prevent others from using it without your permission. Proper trademark registration is a crucial part of your company’s success and a way to ensure its protection.
If you are considering registering a trademark in Mexico, at Vega, Guerrero y Asociados, we are available to provide guidance and advice regarding any questions or issues related to the content of this article, as well as to guide you through the process of successfully obtaining your trademark registration.
