Admittance of opposition procedure in Mexico - a step towards a more effective registration system
As a result of the recent amendments and with a view to provide third parties an opportunity to oppose their conflicting marks, the Mexican Trade Mark Office has now implemented Trademark Opposition system w.e.f. August 30, 2016.
The amendment was approved by the Chamber of Deputies on April 28, 2016, was published in the Official Gazette of the Federation on June 01, 2016 and it finally became effective from August 30, 2016.
Prior to the introduction of opposition system, the trademarks were registered solely on the basis of the examiner’s considerations. However, with the implementation of the opposition procedure in Mexico, any interested third party can file his/her oppositions against the trademark applications.
The opposition system in Mexico has laid down the following procedure:
- The trademark applications to be published in the Mexican Trademarks Gazette within 10 days of filing the said application.
- Any interested party may file a Notice of Opposition against an application on relative or absolute grounds within a non-extendable deadline of 30 days from the date of such publication.
- If the grounds of opposition are valid, the authority shall publish the same in the Mexican Trademarks Gazette within 10 days of the said notice.
- After the publication of the Notice of Opposition in the Gazette, the applicant is provided a non-extendable time period of 30 days to file his response against the said opposition.
- After the submission of the response, the examiner shall examine the application considering the arguments submitted by both the parties.
- After the final examination of the application, the Examiner of Mexican Trade Mark Office shall grant or refuse the registration of the trademark application.