Our Industrial Property Law defines a trademark as “any visually perceptible sign capable of distinguishing goods or services of one from those of the same class or kind”.
Designations, holographic signs, tridimensional shapes, commercial names and designations or business names; the name of a natural person; sounds; smells; the sum of operational elements; elements of an image; as well as all the possible combinations of the above mentioned.
The registration process of a trademark in Mexico starts with the filing of an application before the Mexican Institute of Industrial Property (In Spanish IMPI). Within the following 10 business days the application will be issued in a gazette which is the beginning of the opposition period, which will be over after 30 days from the publishing of the application; the applicant of the application will be able to respond to the opposition in a term of the same duration as that of his/her opponent. Alongside the opposition proceeding, the Institute will perform an exam of formal requirements —in a maximum of two months—to confirm that all the information in the application is correct; if it is not, the Institute will issue an official action containing the inconsistency or inconsistencies found in the initial application. There will be a two-month period to respond to this official action from the day it was issued; otherwise, the request will be declared deserted.
Once the formal examination has been overcome, there is a last examination of content by which the authority will make sure that the sign or trademark is not one of the forbidden by the Law. If it is, an official action will be sent to the applicant for him/her to argue what may convene to his/her rights in order to overcome whatever impediments he/she may face. Finally, the Institute will decide if the requested trademark can be granted or denied.
Very soon. In less than 24 hours after the confirmation of your payment, we will notify you on the receiving of your instruction and we will request from you any details that are necessary in order to submit the definite application before the IMPI. The submission of the request won’t take any longer than 48 business hours after confirming the final accepting of information.
Regarding contracts, we will reply within the 24 business hours following the moment of processing your payment, alongside a first model of your contract and in compliance with the information you sent by filling the fields in our website.
Trademarks in Mexico (and in most countries) are protected under one of the 45 International Classes there are, in compliance with the International Classification of Goods and Services under the Nice Agreement, containing 34 classes of goods and 11 types of services. Therefore, trademarks in Mexico are protected differently depending on the type of product or service they provide under a one class system, that is to say, if a certain brand “X” is used to distinguish short sleeve tee-shirts but also sunglasses, two different and fully independent applications should be filed under the same brand “X”: one for short-sleeve tee-shirts under the international class 25 and another one for sunglasses should be submitted under the international class 9. It is worth noting that the costs for both official rights and fees apply to each and every trademark and class.
Why should I protect my business’s application?
Your business or product trademark identifies you before a consuming audience and makes you different from your competitors. In other words, your trademark helps consumers identify you and relate your trademark to quality, good service, renown and value that will make him/her continue to consume or recommend. The registration of your trademark grants you exclusive use of it indefinitely, as long as you renew your registration every 10 years and you comply with maintenance rules such as declarations of use. As well, you won’t only keep other people from using your trademark, but also it will help you make sure you are not breaching anyone else’s rights.
Trademarks, pretty much like the rest of intellectual and industrial property rights, are intangible assets with a value that will continue to grow depending on investment on advertisement and portfolio expansion. Therefore, the appraisal of a trademark means a higher value to your company, since it can, among other things, allow you to do business under the licensing or transfer of rights of the trademark to third parties for their exploitation, obtaining royalties in return.
Because it is very simple, economical and comfortable. That’s right. You can make your request from anywhere. We are experts and our prices are competitive and tailored to the needs of any particular individual or company. Besides, we are here to protect your interest; we will be fully in charge so that you don’t have to worry beyond your first concerns. We are always available and ready to answer any questions and listen to all your comments.
The average time is somewhere between 4 and 6 months, considering all the stages in the procedure. However, there are cases where the authority may present us with additional requirements, which may extend this time to a year or over.
Trademarks must be renewed every ten years or indefinitely. When a registration is renewed, any updates and statements suitable to the use of a trademark should be presented.
A contract is a document by which parties manifest their will to be under the obligation to do or provide something. Therefore, it is the way in which conditions ruling the relationship between parties will be established.
If the information given is enough for briefing the contract you requested, Flocar Law will send it to you by E-mail in .pdf and .txt formats, readable for Adobe® and Word®.
No, each transaction is different, for which we don’t recommend using it as a template for future business operations. Having said this, we take no responsibility for any mistake in the filling of fields or any mistake in changes made to the contract we originally sent.
The information you sent us is the one we will use in the writing of your contract or whatever document you request from us, for which we ask you to pay great attention and give absolute certainty to information you provide us with.
Once we send the fair copy of the contract to you, we will stick to a maximum of two changes free of charge, so that any other changes beyond two will incur in an additional cost.
Don’t worry! Fill the most fields you can and if necessary, our team will contact you without delay to properly write your contract.
All our forms are designed to request the minimum required for the writing of contracts. However, if you have any additional information to share, please use the last field: ADDITIONAL INFORMATION FOR THE WRITING OF YOUR CONTRACT
Don’t worry! Send us an email explaining what happened and we will briefly contact you back.
No. Remember your contract contains private and privileged information. Furthermore, each operation or transaction is different, so that we do not recommend you share it or use it as a template for other purposes or future business transactions. Having said that, we are not to be held responsible for any mistake in the filling of fields or changes made on the original.
Without a doubt, the contract you will be sent by Flocar Law will be the document by which you will be able to demand the meeting of obligations in it. However, we cannot guarantee that all the parties in it will honor it; therefore, we also offer our services in legal assistance and litigation in case it is necessary, which will be quoted depending on the case.
We are a boutique law firm with over 15 years of experience altogether and fresh eyes that allow us to offer competitive prices as well as tailored assistance.
Having our headquarters in Mexico City and offices in Monterrey and Guadalajara, we have established strategic alliances with other prestigious law firms all over the world. Furthermore, our vast expertise in international and foreign law allows us to offer strategies with a global vision.
We provide e-commerce services, but we will be more than happy to have you at our headquarters or even visit you.