NEW TRADEMARK OPPOSITION SYSTEM IN MEXICO.
On April 28 of the present year, the Full Session of the Chamber of Deputies approved by 432 votes in favor, 0 against and 0 abstentions, the reform to Articles 6, 7 BIS 1, 8; 119, 120, 123, 125 and 181 of the Industrial Property Law. This reform was previously fully approved by the Senate and has now been turned over to the Executive Power for its publication.
This Opposition System is proposed as a NOT BINDING process and that DOES NOT SUSPEND the registration trademark procedure, with the main purpose to give more support to users and holders of trademarks, avoiding the concession of registration titles that may invade a prior right or may be granted by mistake, inadvertence or lack of appreciation.
Among these amendments is the expediting of the publication of the Gazette by the Mexican Institute of Industrial Property (IMPI), which will be a very important part of this System, since through this Gazette, the applications filed and the applications that received oppositions will be made known to the public. In addition, the amendments to the Law provide that the IMPI will publish a list of the applications filed within in a period of 10 working days. From this publication, any person may initiate, within one month, a written opposition paying the correspondent fees, when it considers that the trademark application violates the provisions of Articles 4th (when contrary to public order, morality, proper practice or legal provisions) and 90 (unregistrability)of the Industrial Property Law.
At the end of the mentioned period of one month, the IMPI will proceed to publish within the following 10 working days a list of the applications that received oppositions, providing the applicants a period of one month to file arguments against the oppositions filed in their applications. This procedure also considers the opportunity to notify to the opponent the information regarding the registration title issued or the resolution that denied the registration of the mark.
Finally, please note that there will be a vacatio legis of 90 days from publication, in order that these amendments come into force. In view of the above, we believe that the inclusion of this Opposition System will be an effective tool for the trademark owners to express their disagreement against trademark applications that could violate their rights, as well as to opportunely provide the authority with information and evidence that they consider relevant to support the study of the Examiners.
Our firm has implemented the necessary technical measures to offer the surveillance service for the trademark registrations entrusted by you, through the adoption of the most advanced technological tools for this purpose, so you can be reassured that we will take proper care of your rights.
We are at your service to answer any comment or query related to this matter.