Bill will bring country up to world standard for trademarks
On November 12, 2015, the Commission of Commerce and Industrial Promotion of the Mexican Senate published a bill to amend the Industrial Property Law to introduce an opposition system for trademarks.
Mexico is one of the few countries in the world that does not provide for trademark opposition proceedings. Under the current Industrial Property Law, the substantive examination of trademark applications is only performed by the Mexican PTO (IMPI), according to the available information and documents.
The bill states that, given the technical limitations of the official search examination tools, it is necessary to offer the possibility that third parties complement IMPI´s analysis of the registrability of a distinctive sign.
The following are the key aspects of the trademark opposition system according to the bill:
- All trademark applications will be published by IMPI in the IP Gazette within 10 working days from their filing date.
- Anyone will be able to oppose a trademark registration within one month from the effective publication date. This term is not extendable.
- After the aforementioned term, IMPI will publish in the IP Gazette within the following 10 working days a list of all those trademark applications against which oppositions had been filed.
- The applicant can file arguments against the opposition within one month from its effective publication date, although it is not compulsory.
- The opposition procedures shall not be binding : it will not suspend the proceedings and the opponent will not be given the status of interested third party.
- The opposition and the arguments filed by the applicant may be taken into consideration by IMPI when examining the application.
- IMPI will notify the opponent either the date of the registration issued or the decision to reject the application.
The bill will be discussed and voted by the Senate shortly and, if approved, it will be forwarded to the Federal Congress for further discussion. If it passes, the amendment to the IP Law will be enacted and published, and will enter into force 90 days after publication.
Check back Moeller´s blog to see updates about any developments.