Mexico (MX)
11-17-2009 (Newsletter Issue 4)
New Online Services of Industrial Property Institute
The Mexican Institute of Industrial Property has been improving the electronic services that it provides to the public. In recent years it has created Banapat - a patent and trademark database that logs the publication of patent applications and granted patents, utility models and designs - and MarcaNet, which allows the public to access general information online and consult the status of trademark applications and registrations.
The institute has recently introduced a number of other services.
The Industrial Property Documents Viewfinder - known as ViDoc - allows users to search for, consult and download publicly available institute files on:
- Applications and registrations for trademarks, patents, utility models and designs;
- Litigation (once resolved); and
- Bibliographical files on patents.
ViDoc makes consulting files quicker and more efficient, as users need no longer consult MarcaNet and Banapat individually. Moreover, the two databases provided only general information, whereas ViDoc allows users to view complete files online. Thus, original hard copies must be consulted only where there has been a change of ownership or where the file relates to ongoing litigation, as some writs may not have been documented in the electronic search system.
The Industrial Property Information System's website contains virtual copies of the institute's Industrial Property Gazette for reference and download. These publications include information regarding:
- Publication of patent applications;
- Granted and abandoned patents, utility models and design registrations, trademarks, trade names and slogans;
- Changes of ownership and trademark renewals; and
- Notifications and declarations relating to litigation.
Another online system - the Payment Site and Administrative Services - allows for online payment of government fees. After making a payment using the service, the payer must print a receipt and file it with the institute, together with the relevant briefs. In the event of a payment error or a last-minute decision not to proceed with the filing of a brief, the official receipt can be cancelled and the funds recovered, provided that the receipt has not already been filed.
Solmarnet is a new system for filing trademark applications online. Once the trademark application form is completed online, it is printed and the system generates a reference number. This number indicates the time at which the application was filed with the institute. There is no need to present a separate trademark application, as the Solmarnet application is in the required format. The reference number allows data to be uploaded automatically from Solmarnet and entered directly into the institute's records, which helps to avoid typographical errors. However, the reference number does not constitute proof of filing with the institute. The system can also be used to refile an application in order to correct errors or add missing information.
The institute's new services are free and have been developed to facilitate its management of industrial property matters by making it easier to consult and file information.
Contributed by Amalia Bagües, Becerril, Coca & Becerril SC, Mexico, on November 16 2009
Legal basis is the Industrial Property Law, in force since June 27th, 1991, last amended , last amended January 25th, 2006. The international classification of goods and services consisting of 45 classes has been adopted.
Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, devices, three-dimensional forms, titles of intellectual or art works, and names of television and radio programs and any combination of the mentioned signs.
The following trademark types are registrable: trade marks, service marks, collective marks, trade names and slogans.
The application is filed at the Trademark and Patent Office (IMPI).
A separate application has to be filed for each class.
Foreign applicants need a local agent.
A power of attorney, signed by the applicant and two witnesses, is necessary.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness is demonstrated before the Administrative Court in a Nullity Appeal against the decision of the Trademark Office.
The processing time from first filing to registration or first office action is approx. 3 to 6 months.
After registration, the trademark is published in the “Trademarks Gazette”.
Trademarks can be applied for by everyone.
A couple of electronic services have been introduced by the Mexican Institute of Industrial Property recently to facilitate its management of industrial property matters. Trademark applications can be filed online, fees can be paid online and the Industrial Property Gazette can be viewed online.
Opposition to an application for registration is not provided for, but after registration cancellation or nullification may be requested.
A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years provided that use is taking place (statement of use is required for renewal).
If the trademark has not been used within 3 years from registration or for more than three years, it may be subject to cancellation. Subsequent use of the trademark can restore protection if no party has requested cancellation due to non-use in the meantime. It is advisible to verify the trademark use every 3 years in order to provide a defense to a third party seeking the trademarkʼs cancellation due to non-use.
The official fee is approx. EUR 170.00 per class.
| Search type |
First class |
Add. class |
| Word Mark Search (availability) |
290,00 € |
80,00 € |
| Word Mark Search (identical) |
140,00 € |
30,00 € |
| Extended Search (word mark, company name, domain) |
670,00 € |
80,00 € |
| Device Mark Search (availability) |
690,00 € |
450,00 € |
| Trademark Owner Search |
340,00 € |
|
| Company Name Search |
450,00 € |
|
| Domain Name Search (extended) |
|
|
| i-Search (word mark availability + legal opinion) |
620,00 € |
560,00 € |
The Prices above are S.M.D. Markeur Search Fees