Amendments to the Mexican Industrial Property Law introducing an opposition system for trademarks will enter into effect on August 30, 2016.
The amendments provide for the publication of trademark applications in the Mexican Institute of Industrial Property Gazette, within ten business days of filing, and grants a non-extendible term of 30 days for any interested party to oppose the registration of the published application.
The Authority will also publish notice of any opposed applications, providing the applicant a non-extendible term of 30 days to file arguments in response to the opposition. After this the trademark application will be examined substantively and the responsible examiner will consider the opposition arguments in determining whether to grant registration. The opponents are not considered interested parties to the opposed applications and will not be notified of a decision; instead they will need to monitor the progress of the application to determine if it is finally rejected or registered.
It is important to mention, that opposed applications will not be suspended because an opposition is filed.
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