Trademarks

Distinctive signs are trade and service marks, slogans, trade names and appellations of origin. For registration, trademarks are words, logos, three-dimensional forms and the combination of these.

The effects of the registration of a trademark have a duration of ten years counted from the filing date, renewable for indefinite ten year periods. When renewing the registration of a trademark it is necessary to declare by writing and under oath that the mark has been used at least on one of the products or services it is registered for, and not having interrupted such use for a period of three years (see Use of Marks).

To apply for the registration of a trademark in Mexico the following documents and information is necessary:

• Name, nationality and address of the applicant.
• Address of the applicant's commercial and/or industrial establishment.
• Specimen of the mark with its design and color combination, if any.
• The specification of goods and/or services to which the mark applies. For these purposes Mexico has adopted the International or Nice Classification.
• Date of first use of the mark in Mexico, in case it has been used in this country.
• Priority information, if pertinent.
• Power of Attorney when the application is filed through a representative.

Before using and applying for the registration of a trademark in Mexico it is advisable to conduct a search in order to determine the possibilities of use and registration, avoid additional or unnecessary costs and avoid infringing third party rights.