One of the objectives of the Special Program for the Improvement in the Federal Public Administration Management (APF) 2008-2012, which belongs to the Public Service Ministry, is to maximize the quality of the goods and services it provides, improving the public services delivery by using and taking advantage of the developments in the information technologies and communication sector.

Thanks to this program, the Mexican Institute of Industrial Property (IMPI) has been obliged to align with this principle and consequently, has set short-term goals which include:

  • To streamline and facilitate the process of filing of Design and Trademark applications, by filling, paying and sending the application via Internet.
  • To reduce the most common mistakes in filing applications.
  • To make the examination procedure for granting Industrial Designs and Trademarks more agile and efficient.

Results from the implementation of the Online Filing System for Trademarks and Industrial Designs

  1. Industrial Designs: from January to March, 2013 there have been 886 Industrial Designs applications in total, of which only 6 have been filed online. This represents about less than 1% utilization of the new platform. It is important to note that the entry into force of this online filing program was November 5, 2012.
  2. Trademarks: since the beginning of the year up to March, 2013 a total of 24,065 trademark applications have been filed at the IMPI. Of this total, 3134 applications have been filed online. In percentage terms, we are talking about 13% utilization of the online filing platform. Please note that the 3134 cases include filings from September 28, 2012 (when the online filing system began for trademarks) to April 15, 2013. Making a purely linear prediction, from observing the filing behavior since the beginning of the program, it is estimated that the trademark online filings could reach 6200 in one year.

From revision of the above figures, it is true that online presentations are not showing significant numbers. However, you have to take into account the entry into force of this new alternative is too recent for both figures and it will be very interesting to follow the growth of online filings all through the year to see how it develops.

It is important to note that the actions the IMPI has taken regarding online filing have the purpose to be harmonized with Industrial Property offices of other countries, and most importantly, to obtain the greatest benefit for all the Mexican IP system users. It was a matter of time before the IMPI, as one of the most recognized offices in Latin America, set this program in motion forcing therefore a greater efficiency not only in benefit of the users, but for the IMPI itself.

The IMPI has set a goal that, in a short to medium term, the option of electronic filings will be available for all other legal figures. This, as previously mentioned, will help the whole Industrial Property System in the country to be more efficient in the filing process.

It is essential that the IMPI spreads and promotes this new online filing service for trademarks and industrial designs. The feedback the Institute receives from users at this early stage of the program will be critical for improving the platform for the future. Today there are several areas of opportunity to streamline the process online. Once the system is better and meets the fundamental needs of users, it will become more efficient, it will enter in a constant improve continuum, and it will provoke an increase in the online filing of trademark applications and /or industrial designs.

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.