Path of least resistance: understanding trademark examination and prosecution

01-06-2012

Olga Toy

Path of least resistance: understanding trademark examination and prosecution

Registering a trademark in Mexico can be frustratingly difficult, as Olga Toy reports.

In Mexico a trademark application is filed with the Mexican Institute of Industrial Property (IMPI). Applications must be filed on paper and are then examined, within a couple of months of the filing date, by one person who conducts a first examination on formalities.

If, and when, this first examination is satisfied, a substantive examination is made to determine whether the trademark is registrable from a distinctive standpoint, or if there are prior trademark applications or registrations that would constitute antecedents and obstacles to the registration.

If the examiner finds no obstacles or antecedents he can grant registration within five or six months of the filing date. The certificate of registration is issued by the same examiner and immediately sent and delivered to the titleholder or its representative.


trademark examination, prosecution,

WIPR