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Trademarks

Macotela Cervantes y Asociados S.C. grants you the benefit of the experience in the most important step in identifying your product or service.

The trademark registration service includes the search, filing, processing and if necessary defense of the rights of the owner of the trademarks and slogans in Mexico and abroad.

Frequently Asked Questions About Trademarks

1. What is a Trademark?

In Mexico a Trademark is considered every visible sign liable to distinguish in the market, products or services from others of the same kind or class.

2. What is necessary to file a trademark application in Mexico?

  • Applicant's name and address
  • A clear copy of the trademark (word, design or both)
  • Certified Copy of the Priority document (it is possible to claim recognition of priority, if the application is filed before the expiration of 6 months counted from the first filing in the originating country).
  • Power of Attorney
  • International class number (if you know it).
  • List of services and products to protect.

3. What is the legal life of a trademark?

Trademark is granted for ten years counted from granting date, renewable for 10 additional years.

4. It is possible to file multiclass applications in Mexico?

No, it is not possible to file multiclass applications in Mexico. One application per class must be filed.

5. What is a date of first use?

It corresponds to a certain proved date when the trademark was used in national territory or abroad. It is a strong benefit in case that a previous mark be cited in the examination process or litigation.

6. How many classes contemplate the international classification?

In total are 45 classes; from class 1 to class 34 are for products and from class 35 to class 45 are for services.

7. is it compulsory to file demonstration of use of a trademark?

Yes, it is compulsory. Otherwise, the trademark could be withdrawn.

8. When a trademark demonstration of use is filed?

On the term of three years counted as from granting dated.

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About us

Macotela Cervantes y Asociados S.C.

Macotela Cervantes y Asociados S.C., is a law firm based in Mexico City with more than twenty years of experience in the area of Industrial and Intellectual Property.

We have specialized in the preparation, filing, prosecution, litigation and maintenance of patents, PCT patents, utility models, industrial designs, trademarks, slogans and copyrights, for companies and/or firms abroad and in national territory.

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