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3 June 2016Trademarks

Mexico publishes new trademark opposition proceedings

The executive order allowing for Mexico’s forthcoming trademark opposition system has been published in the Federal Official Gazette.

On Wednesday, June 1 the relevant reforms to the Industrial Property Law were published.

The opposition system was approved by the Chamber of Deputies, the lower house of the Congress, on April 28 this year and a vacatio legis—a delay in a law’s application—of 90 calendar days is under consideration.

In WIPR’s Annual edition last year, Elizabeth Arroyo Quintana and Victor Manuel Adames Muñoz of Becerril, Coca & Becerril wrote about the importance of the legislation.

“The truth is that having a trademark opposition system in Mexico would recognise the necessity to follow the international trend—that such systems have always been important with regard to IP matters.”

They added that the country has an “invaluable opportunity” to innovate and create and opposition system adapted to Mexican legislation.

Any individual or entity can file an opposition under the new system and the opposition has to be filed in writing.

Once a trademark application has been received by the Mexican Institute of Industrial Property, the office must publish the application in the Industrial Property Gazette within “no later” than ten business days.

If an applicant has to change its trademark to remedy legal problems in response to an opposition claim, the applicant is required to start the application process from the beginning.

Full details can be viewed here.

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