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August 04, 2016

Mexico: introduction of the opposition system

Referring to the notification of IP-Coster Agent in Mexico AE AARON ESTRADA LEGAL, on December 14, 2015, the Mexican Senate approved the amendments to the Industrial Property Law concerning introduction of the trademark opposition procedure. The said amendments, published in the Official Federal Journal of June 1, 2016, will come into force after 90 days from the publication date, i.e. on August 30, 2016. The brief overview of implemented opposition procedure is represented below.

Trademark applications will be published in the Industrial Property Gazette within 10 business days from the filing date and they will be subjected to formal examination.

As the next step, any third party (opposer) will have an opportunity to file opposition in respect of trademark registration within one month from the publication date without the possibility to restore this term. Oppositions should be submitted in writing along with the payment of the prescribed fees.

Following the above mentioned one month term, the Mexican Institute of Industrial Property will publish a list of applications opposed for trademark registration within ten business days.

After second publication, applicants will have a non-extendable one month term to submit arguments in defence of their applications. It will be not obligatory for applicants to provide defence against the opposition. If the applicant does not respond to the opposer’s arguments, it will not imply that the applicant accepts said arguments.

Finally, the opposer and trademark applicant will be provided with a notification either about the allowance of trademark registration or trademark rejection issued by the Trademark Office.

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Author: Lynda Miller