As a result of the recent amendments and with a view to provide
third parties an opportunity to oppose their conflicting marks, the
Mexican Trade Mark Office has now implemented Trademark Opposition
system w.e.f. August 30, 2016.
The amendment was approved by the Chamber of Deputies on
April 28, 2016, was published in the Official
Gazette of the Federation on June 01, 2016 and it
finally became effective from August 30, 2016.
Prior to the introduction of opposition system, the trademarks
were registered solely on the basis of the examiner's
considerations. However, with the implementation of the opposition
procedure in Mexico, any interested third party can file his/her
oppositions against the trademark applications.
The opposition system in Mexico has laid down the following
The trademark applications to be
published in the Mexican Trademarks Gazette within
10 days of filing the said application.
Any interested party may file a
Notice of Opposition against an application on relative or absolute
grounds within a non-extendable deadline of 30
days from the date of such publication.
If the grounds of opposition are
valid, the authority shall publish the same in the Mexican
Trademarks Gazette within 10 days of the said
After the publication of the Notice
of Opposition in the Gazette, the applicant is provided a
non-extendable time period of 30 days to file his
response against the said opposition.
After the submission of the response,
the examiner shall examine the application considering the
arguments submitted by both the parties.
After the final examination of the
application, the Examiner of Mexican Trade Mark Office shall grant
or refuse the registration of the trademark application.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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