Trademark in Mexico
How do you register a trademark in Mexico?
How can you get a trademark in Mexico?
To register a trademark in Mexico it is necessary to register with the IMPI, which is called the Mexican institute of intellectual property, known in the United States as the Mexican trademark office.
Trademark
A trademark is a sign capable of distinguishing the products or services of one company from those of other companies. Registered trademarks are protected by intellectual property rights.
What is a trademark in México?
It is a badge that allows to identify and differentiate a service or product from others in the same classification. It can be representative of:
A type of packaging (bottle, box), A logo like the Lacoste brand, A word like Disney Brand, A slogan “ideas for life -Panasonic, A combination of any of these as the crown mark containing a logo and a word.
Three-dimensional trademarks
Three-dimensional brands are related to the structure of the product, its packaging, container or wrapping, considering that these elements have a specific character and differentiate the product from other products in the sector. This means that three-dimensional brands are related to three-dimensional objects, such as bottles, boxes, containers, etc.
Unnamed trademarks
Unnamed marks represent designs and images or logos of trademarks that stand out visually. They are not recognized phonetically, as they have a unique visual impact.
Named trademarks
Brand names are those that identify products or services by means of a name or a set of words. These marks must be distinguished from the point This means that there must be no similarity between them and any other product or service of the same type.
Commercial advertisements or slogans
The registration of advertisements or commercial slogans is added to the brands mentioned. Slogans are short, easy-to-remember expressions that are ideal for advertising or differentiating a product with the same activity.
Mixed trademarks
As a result, mixed trademarks are derived from a merger of the types of trademarks mentioned. Whether three-dimensional or not, these marks can consist of a mixture of words with the design of a logo.
Trademark Symbol
The R enclosed in a circle can only be used once it has a federal record. This means that you have requested and received a trademark registration from the government of Mexico or the USA. UU
The three symbols are the circle R (®), and the small capital letters TM (™) and capital letters SM (℠). You can not use the R in a circle before receiving the record in faborable request. If you apply for the mark and then start using the blank line, which may be grounds for the government to re-apply the mark, because the use of that line is actually a violation of federal law unless it has the trademark .
What does TM or SM mean?
The other symbols they can use are small capital letters TM or SM. These are the symbols you must use, either before a trademark application or during the request application. TM means registered trademark. A trademark is a brand that represents products, such as clothing or sunglasses SM stands for service mark. The service brands and brands that represent services. So, for example, I’m Gerben Law Firm. I offer legal services. It is a service mark.
In our culture, we use the word commercial brands to really refer to commercial brands and service brands. The word service marks is not used very often. It’s just a technical thing. But if you are offering a service, the technical thing you should do is the little SM after your name.
Once again, the most important thing that can be taken out of this video is not to use a circle to upload to a federal trademark record. It is then when you receive the registration certificate by mail. If you use that circled R too early, that may also be a reason for your response to be rejected by the government of Mexico or the US. UU.
Trademark Lawyer in Mexico
In a formal trademark coexistence agreement both parties recognize the right of the other to their respective mark and agree the terms on which they may exist together in the market place. Such coexistence may be based on a division of the territories in which each holder may operate, or on a delimitation of their respective fields of use, i.e. regarding the goods or services on which they are used.
Trademark Search
Similar/identical trademarks, Where similar/identical trademarks exist, coexistence agreements can be a mutually-beneficial solution to the problem.
Mexico Trademark Search
Where can I search for a trademark in Mexico? When starting the search for a trademark, it can be officially consulted through the IMPI portal.
How can I protect my trademark?
At the national or regional level, trademark protection can be obtained through registration by filing an application with the national or regional trademark office and paying the required fees.
At the international level, there are two options. You can file a trademark application with the trademark office of each country where protection is sought, or you can use WIPO’s Madrid System.
See more: https://mxmarks.com/nice-classification/
What rights does trademark registration provide?
In principle, a trademark registration confers an exclusive right to use the registered trademark. This means that the trademark can be used exclusively by its owner or licensed to another party in exchange for payment. Registration provides legal certainty and strengthens the position of the rights holder, for example, in the event of litigation.
What kinds of trademarks can be registered?
A word or a combination of words, letters, and numerals can constitute a trademark. Trademarks may also consist of drawings, symbols, three-dimensional features such as the shape or packaging of goods, non-visible signs such as sounds or fragrances, or color shades used as distinguishing features. The possibilities are almost limitless.
Come Together
In a formal trademark coexistence agreement, both parties recognize the right of the other to their respective mark and agree on the terms under which they may coexist in the marketplace. Such coexistence may be based on a division of the territories in which each holder may operate or on a delimitation of their respective fields of use, particularly regarding the goods or services for which the trademarks are used.
Similar or identical trademarks
Where similar or identical trademarks exist, coexistence agreements can be a mutually beneficial solution to resolve conflicts between trademark owners.
How long does trademark protection last?
The term of trademark registration usually lasts ten years. It can be renewed indefinitely upon payment of additional fees. Trademark rights are private rights, and protection is enforced through court orders.