News

Fundamental changes to the Trademark System in Mexico

The importance of trademark’s role in the world economy is beyond any doubt. Therefore, it is logic that the countries immersed in the global economic dynamism tend to integrate processes, standardize criteria and try to bring greater transparency within their trademark systems.
Such is the case of Mexico which, in a short period of time, has implemented changes of paramount importance in a system that, always subject to perfectibility which is inherent in any system but based on a compared effectiveness, was presumed to work correctly.

In this respect, the trademark system in Mexico finds itself in a new stage; in a stage of change and adaptation, of adequacy and observance, reforms proposed and loopholes found.

Thus, the MIIP recently implemented the “Online Trademark Filing System” by virtue of which it is intended to reduce time frames of examination and/or granting, to reduce costs for formal requirements, as well as to avoid corrections of the Certificates of Registrations result of mistakes made by MTO at the moment of capturing the information.

In a similar vein, the “General Guidelines for the Formal Examination of Distinctive Signs” were published in order to maximize the quality standards and transparency in the procedures of registration of distinctive signs in Mexico.

At first glance, the aforementioned is not perceived as a meaningful transformation but as a consequent adjustment, result of the technological development and/or growing public demand and need, imposed upon a system which, as previously mentioned, could always be improved.

However, said adjustments are nothing but mere complements to a far more relevant modification which is the entry into force of the Madrid System for the International Registration of Marks. Indeed, as of February 19, 2013, the Madrid Protocol has entered into force in Mexico.

The Madrid Protocol brings with it several advantages for national applicants who opt for this system, such as saving on application costs, simplification of post-granting procedures, extension of protection, etc., however, the major advantage of this system is the fact that it brings national owners closer to new markets and facilitates the protection of their marks in a practical and economical way.

And, this system places Mexico in an international showcase by virtue of which the investment in our country will be far more attractive and will promote the internal and external competitiveness.

In short, Mexico’s adhesion to the Madrid Protocol, as well as the accessory modifications to the trademark system in Mexico, presents a real opportunity for growth and economic development for our country; nevertheless, in order to exploit said advantages, it will be necessary not only to raise awareness in small and medium-size Mexican businessmen about the importance of trademark registration and the role it plays in their potential economic progress but also, it will be crucial for experts in this field take a more active role in counseling, aligning strategies and accompanying national applicants, building confidence and certainty, through all of the International trademark registration process.

Carmen Sánchez-Puelles