Practice area 06
Advice on the legal protection of intellectual property and its registration for commercial use in Mexico.
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What we solve
In Mexico a trademark belongs to whoever registers it first, not to whoever used it first. Many companies discover the problem after building a reputation on a name that legally is not theirs, and recovering it costs far more than timely registration would have.
We handle the full protection: prior search, registration before the Mexican IP authority, and the confidentiality agreements that protect what is not yet registrable.
Scope of service
Frequently asked questions
Yes. In Mexico trademark rights arise from registration, not from use. Whoever registers first can stop you from using the name you built, and recovering it later costs far more than timely registration would have.
Names, logos, combinations of both and, in certain cases, elements such as sounds, trade dress or even scents. Generic terms, purely descriptive terms and marks confusingly similar to an existing registration in the same class cannot be registered.
Because it reveals whether identical or similar marks already exist in your class. Filing without searching risks losing both time and the official fee, and sometimes reveals that the name you already use infringes someone else's right. It is the cheapest step in the process and the one that prevents the most trouble.
No. Registration is territorial: it protects in the country where it is granted. If you plan to export or operate abroad, it is worth deciding early which countries to file in, since there are mechanisms that reduce the cost when planned ahead.
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