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MEXICO

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MEXICO

IMPLEMENTATION OF THE OPPOSITION SYSTEM IN MEXICO

On April 28th 2016, the Mexican Congress approved a reform to the Mexican Industrial Property Law adopting the oppositions system.

 

Mexico adopted the opposition system within the trademark application process, after the Mexican Congress approved an amendment to its Industrial Property Law.

Therefore, from August 30th 2016 the Patent and Trademark Office will publish all trademark applications in the Industrial Property Gazette within 10 days from the filing date of the trademark application. Any third party that wishes to object to a trademark application has one month from the date of publication to do so. This period is non-extensible. Trademark applicants who are faced with opposition will have one month, period that cannot be extended, to answer the opposition. Even tough replying to an opposition is not mandatory, it is highly recommended since the examiner can take all arguments into account when taking a decision despite the fact that the opponent will not be a part of the application process. If the opponent does not succeed, it is possible to file a cancellation action based on Article 151 of the Mexican Industrial Property Law.