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Trademarks are names, logos, or short slogans that help distinguish a good or service from other goods and services in a particular geographic area. Once a trademark is issued by a government agency, the protection lasts indefinitely in most countries – so long as you use your mark in commerce. Filing for Trademark Protection through Trademarkia is easy! See why Trademarkia is superior to other options

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The economy of Mexico is the 11th largest in the world. Since the 1994 crisis, administrations have improved the country's macroeconomic fundamentals. Mexico was not significantly influenced by the recent 2002 South American crisis, and has maintained positive rates of growth after a brief period of stagnation in 2001. Moody's (in March 2000) and Fitch IBCA (in January 2002) issued investment-grade ratings for Mexico's sovereign debt. In spite of its unprecedented macroeconomic stability, which has reduced inflation and interest rates to record lows and has increased per capita income, enormous gaps remain between the urban and the rural population, the northern, central, and southern states, and the rich and the poor although there has been a large growing middle class since the mid 1990's. Some of the government's challenges include the upgrade of infrastructure, the modernization of the tax system and labor laws, and the reduction of income inequality.

Industrialists, traders, or providers of services may use a mark in connection with their industry, trade, or services. However, the right to the exclusive use of a mark must be obtained by its registration with the Mexican Institute of Industrial Property (IMPI). A declaration of protection of an appellation of origin shall be made ex officio or at the request of any person who demonstrates that he or she has a legal interest therein. The following are considered to have legal interest: (1) natural persons or legal entities directly involved in the extraction, production, or manufacture of the product or products to be covered by the appellation of origin; (2) associations of manufacturers or producers; and (3) Mexican government agencies or entities and the governments of the states of the Mexican Federation.

Names and visible figures that are sufficiently distinctive and capable of identifying the product or services to which they are applied, or are intended to be applied, as compared with others of the same type of category. Three-dimensional shapes. Trade names and corporate or business names or the proper name of an individual, provided that the same is not confusingly similar to a registered mark or a trade name already published. The exclusive right to use an advertising slogan is obtained by registration with the IMPI; absent special provisions, slogans are governed by the provisions of the trademark law.

The following are not registrable as marks: (1) names, animated or changing figures or forms that are expressed dynamically, even though visible; (2) technical names or commonly used names of products or services intended to be covered with the trademark, as well as words which, in current language or in trade practice, have become a usual or generic designation thereof; (3) three-dimensional forms that pertain to the public domain or have come into common use as well as those that lack originality to easily distinguish them. The usual and ordinary form of products, or those shapes determined by the nature or industrial function of the products; (4) names, figures, and three-dimensional shapes that, when their characteristics are considered as a whole, are descriptive of the products or services to which they refer, including words descriptive or indicative of the kind, quality, quantity, purpose, value, or place of origin of the products, or the time of their production; (5) isolated letters, numbers, or colors, except where they are combined with or accompanied by elements such as signs, designs, or names that give them distinctive character; (6) translations into other languages, arbitrarily changed spellings, or artificial constructions of words not eligible for registration; (7) signs that reproduce or imitate, without authorization, the coats of arms, flags, or emblems of any State, province, municipality, or similar political division, or the full or abbreviated names of governmental or nongovernmental international organizations, or of any other officially-recognized organization, including the verbal designation thereof; (8) signs that reproduce or imitate official signs or seals of control and warranty adopted by a State, without the authorization of the competent authority, or coins, bank notes, commemorative coins, or any domestic or foreign legal tender; (9) signs that reproduce or imitate the names or graphic representations of decorations, medals, or other prizes awarded at officially-recognized exhibitions, fairs, congresses, cultural or sporting events; (10) proper or common geographical names and maps, and national or ethnic nouns and adjectives when they indicate the origin of the products or services and may cause confusion or error regarding such origin; (11) the names of towns or places known for the manufacture of certain products, to protect those products, except for the names of places in private ownership when they are special and not liable to be confused, and when the consent of the owner has been obtained; (12) the names, pseudonyms, signatures, and portraits of a person, without the consent of that person, or, if he or she is deceased, the consent of the surviving spouse, closest blood relation, or adopted relation; (13) the titles of literary, artistic, or scientific works, and the names of fictional or symbolic characters, except with the consent of their author or creator when, pursuant to the relevant law, the latter has retained his rights, and also real personages if their consent has not been obtained; (14) names, figures, and three-dimensional shapes liable to deceive or mislead the public, including those that constitute false indications as to the nature, components, or qualities of the products or services to which they refer; (15) names, figures, and three-dimensional shapes identical or similar to a mark that the IMP1 considers well-known in Mexico; (16) a mark that is identical or confusingly similar to another that is already registered and in force and is applied to the same or similar products or services; however, a mark identical to the one previously registered may be registered if the application is made by the same owner for use in connection with similar products or services; and (17) a mark that is identical or confusingly similar to a trade name applied to a firm or industrial, commercial, or service establishment whose principal business is the manufacture or sale of the product, or the provision of the services to which the mark refers, provided that the trade name has been used prior to the filing date of the application for registration of the mark or the date of the declared use thereof. However, the foregoing is not applicable when the application for a mark is filed by the user of the trade name, if no identical trade name exists that has been published.

Third parties are permitted to oppose applications for the registration of an appellation of origin, provided that there is a sufficient legal interest.

The following are required for an application for registration: (1) Power of attorney, if the application is filed by an agent. If the principal is a natural person, the power must be signed before two witnesses. Where the principal is a Mexican legal entity, a public writ or power of attorney must be notarized. Where the principal is a foreign legal entity, a power of attorney will be accepted if it is in accordance with the applicable legislation of the country in which the power was granted and in case there are no international treaties signed between Mexico and said country. (2) A triplicate application containing: (a) the name, nationality, and address of the applicant; (b) the distinctive sign constituting the mark, as well as information on whether it embodies a verbal element, whether it is both verbal and visual, and, where applicable, whether it is three-dimensional; (c) the date of first use of the mark, which may not be subsequently modified, or a statement that the mark has not been used; (d) the products or services to which the mark is to be applied; and (e) all other particulars provided for in the regulations under the law. (3) Proof of payment of the fees for study of the application, registration, and issuance of the certificate. (4) Copies of the mark filed with the application may not contain words or captions that might deceive or mislead the public. When an application is filed for the protection of a mark lacking a verbal element, the copies of the application may not contain any words that constitute or might constitute a mark unless it is expressly indicated that said words are to be protected as well. (5) The rules on the use and licensing of the mark and the transfer of rights in the mark, where the mark is applied for in the name of two or more persons. (6) Priority: When the registration of the mark is applied for in Mexico within the periods specified in international treaties, or, failing that, within six months of the filing of applications in other countries, the filing date in the country of first filing may be recognized as the priority date. For priority to be recognized, the following requirements must be met: (a) priority must be claimed and proof given of the country of origin and filing of the application in that country; (b) the application filed in Mexico must not seek to cover products or services other than those provided for in the application filed abroad; (c) priority is recognized only for those products or services specified in the application filed in the country of origin; and (d) the requirements specified in international treaties, the Mexican law, and the regulations thereunder must be met within three months of filing the application. The following information must be provided in an application for registration of an appellation of origin: (1) name, address, and nationality of the applicant; if a legal entity is involved, its nature, and the activities in which it is engaged must also be noted; (2) the applicant's legal interest; (3) the name constituting the appellation of origin; (4) a detailed description of the finished product or products that will be covered by the appellation, including characteristics, components, methods of extraction and production, or manufacturing processes. The official standards laid down by the Economy Secretariat to which the product, its method of extraction, its manufacturing or production processes, and its forms of packing or packaging are subject shall be stated when it determines the relation between the appellation and the product; (5) the place or places of extraction, production, or manufacture of the product to which the appellation of origin refers, and boundaries of the territory of origin; (6) detailed information on the connection between the appellation, the product, and the territory; and (7) any other information considered necessary or relevant by the applicant. All applications and submissions filed must be in Spanish and must be accompanied by a proof of payment of the prescribed fees.

Once received, the application is subject to a preliminary examination to determine if formal requirements have been met. The applicant is notified of any deficiencies in the application and is granted four months to remedy errors or omissions. If corrections are not made within this period, the application is considered abandoned. The filing date is deemed to be the date on which the application contains complete information on the name, nationality, and address of the applicant, the character of the mark, the goods and services to which the mark applies, and proof of payment of fees, provided that this information is provided within the prescribed two-month time limit. Once the application is complete, a substantive examination is made to determine whether the mark is eligible for registration. The IMPI informs the applicant in writing of any impediments to the registration of the mark. If the applicant does not respond to the IMPI's comments within four months, the application is deemed abandoned. If a response is received within the time permitted, the IMPI will continue processing the application. If the applicant, in responding to the legal objections to the application, alters or replaces the mark, the altered mark is considered a newly applied-for mark, requiring payment of fees and submission of documents as for a new application. After the application has been processed and legal and regulatory requirements met, the mark is registered and the certificate issued. The registered mark is then published in the Industrial Property Gazette. Where the IMPI refuses registration of the mark, it shall inform the applicant in writing and state the reasoning and legal grounds underlying its decision. ellati at ions of origin: Once the request for protection of an appellation of origin has been received by the IMPI and the required fees have been paid, the information and documents submitted are examined. If, in the opinion of the IMPI, the documents filed do not meet the legal requirements, or if they are insufficient for consideration of the application, the applicant will be required to make the necessary clarifications or additions within a two-month period. If the applicant does not remedy the omissions or errors, the application will be considered abandoned; however, the IMPI may continue the processing of the application ex officio, if such an action is deemed appropriate. When the documents filed meet the legal requirements, an extract of the application is published in the Official Gazette. If the procedure is initiated ex officio, the IMPI will publish in the Official Gazette an extract from the submissions and particulars of the documents required. In both cases, the IMP1 will allow a period of two months from the date of publication for any third party who justifies his or her legal interest to make observations or objections. The terms of the declaration of protection of an appellation of origin can be amended at any time, either ex officio or at the request of an interested party, in accordance with the procedures of the Law. The request must contain the name, address, and business of the applicant, the name of the appellation of origin, and the applicant's legal interest; in addition, a detailed account of the amendments requested and the grounds on which those amendments are based must be provided.

The registration of a mark, as well as that of an advertising slogan, has a term of 10 years from the filing date of the application and may be renewed for like periods. The renewal of the registration, of a mark must be requested by the owner six months prior to expiration of its term provided, however, that the IMPI shall nevertheless process requests that are filed within a period of six months following the expiration of the term of registration. Once that period expires without any request for renewal having been filed, the registration shall lapse. Renewal of the registration of a mark shall proceed only if the person concerned pays the corresponding fees and makes a sworn statement in writing attesting to his or her use for the products or services to which it is applied, such use having been uninterrupted for a period of at least three years. If the same mark is registered to protect two or more classes of products or services, there need only be justification for renewal in one of those classes for it to proceed in respect of all the registrations, subject to payment of the corresponding fees. Appellations of origin: The duration of the declaration of protection of an appellation of origin shall be determined by the subsistence of the grounds on which it was made, and it shall cease to be effective only by virtue of another declaration by the IMPI. The authorization to use an appellation of origin has a duration of 10 years from the date of filing with the IMPI and may be renewed for like periods.

The mark shall be used on national territory in the form in which it was registered or with only such modifications as to not alter its essential characteristics. If, for three consecutive years, a mark is not used for the products or services for which it was registered, there shall be grounds for the lapse of the registration thereof, except where the owner of the mark or its registered licensee has used it, or there are circumstances that constitute an obstacle for the use of a mark such as import restrictions or other government requisites that apply to the goods or services for which the mark was registered. Use of the mark by a registered licensee shall be considered use by the owner of the mark.

There is no specific national legislation. The top level domain for Mexico is.mx.

A previously registered mark may not be used in or form part of the common or registered name of any legal entity whose activity is the production, importation, or marketing of goods or services identical or similar to those to which the trademark is applied for, when there is no consent in writing from the owner of the trademark registration or from his licensee. Violation of this principle shall lead to the imposition of the sanctions provided for in the Law, which shall be independent of the possibility of the owner legally seeking the removal of the mark from the common or registered name concerned and the payment of damages. Prohibited activities are divided into two groups: administrative infringements and offenses. The following acts are deemed administrative infringements: (1) engaging in acts of unfair competition contrary to proper custom and practice in industry, commerce, and the provision of services, related to industrial property matters; (2) placing products on sale or in circulation or offering services with the false indication that they are protected by a trademark. However, if the registration of the mark concerned has lapsed or been declared invalid, infringement then occurs one year following the date of the lapse or cancellation, or, where applicable, the date at which the declaration of invalidity became effective; (3) using a mark that is confusingly similar to another registered mark on products or services identical or similar to those protected by the registered mark; (4) using a registered mark as a trade or business name without the consent of the mark's owner, where the names are related to establishments working with the products or services protected by the mark; (5) using marks that imitate or reproduce without authorization the seals, coats of arms, emblems, etc., of states and other governmental entities; marks that are the names, pseudonyms, signatures, or portraits of persons without consent; titles of literary, artistic, or scientific works without consent; marks that imitate names, figures, three-dimensional shapes liable to deceive or mislead the public; or names, figures or three-dimensional shapes identical or similar to a mark that the IMP1 considers well-known in Mexico; (6) using a mark previously registered as a business name or part of a business name by a legal entity whose activity is the production, importation, or marketing of goods and services identical or similar to those to which the registered mark is applied, without the written consent of the owner of the registration or his licensee; (7) performing, in the course of trade or industrial activities, acts that confuse, mislead, or deceive the public by causing it wrongly to believe or assume that: (a) an association exists between a given establishment and that of a third party; (b) products are manufactured according to specifications, licenses or authorizations from a third party; (c) services are rendered or products sold according to authorizations, licenses, or specifications from a third party; or (d) that the corresponding products come from a territory, region or place different from the real place of origin in a way that the public is mislead regarding the geographical origin of the products; (8) attempting or achieving the goal of denigrating the products, services or establishment of another party. However, this prohibition does not apply to comparison of products or services for the purpose of informing the public, provided that the comparison is not false or exaggerated in terms of the Federal Law for Consumer's Protection; (9) using a registered slogan or one confusingly similar without the consent of the owner or without the respective license to advertise commodities, services, or establishments equal or similar to those to which the slogan is applied; (10) using a trade name or one confusingly similar without the consent of the owner or without the respective license to protect an industrial, commercial, or service establishment of the same or similar activity; (11) using a registered trademark without the consent of the owner or without the respective license, on products or services equal or similar to those to which the trademark is applied for; (12) offering for sale or placing into circulation products equal or similar to those to which a registered trademark is applied, knowing that the trademark was used on them without the consent of their owner; (13) offering for sale or placing into circulation products to which a registered trademark has been applied that have been altered; (14) offering for sale or placing into circulation products to which a registered trademark is applied after having altered, substituted, or partially or fully eliminated the registered trademark; (15) using an appellation of origin without the respective authorization or license; and (16) other violations of the law that do not constitute criminal offenses (see below). Administrative infringements are subject to the following penalties: (1) a fine of up to 20,000 days of the general minimum wage payable in the Federal District; (2) an additional fine of up to 500 days of the general minimum wage in the Federal District for each day the infringement persists; (3) temporary closure for up to 90 days; (4) permanent closure; or (5) administrative detention for up to 36 hours. The following acts constitute criminal offenses: (1) the recurrence of administrative infringements after the first administrative sanction imposed for this reason has become res judicata; and (2) the fraudulent falsification of trademarks on a commercial scale. The above-mentioned criminal offenses will be prosecuted when charges have been filed by the injured party. A prison sentence from two to six years, and a fine equal to 100 to 10,000 days of the general minimum wage payable in the Federal District will be imposed on the person who commits the abovementioned criminal offenses.