Trademarks

Your brand is not really yours until you register it: the risks of not registering in Mexico

Your brand is not really yours until you register it: the risks of not registering in Mexico

· Trademarks

Building a business takes years of effort. Losing the right to use its name takes one application, filed by someone else, in an afternoon.

Mexico grants rights to the first to file

Using a name in commerce, however long and however publicly, does not create a trademark right in Mexico. The register does. If a third party files your name first and obtains a registration, that party can demand you stop using it, and you are the one who has to prove bad faith to get it cancelled.

What you are exposed to without a registration

You cannot stop a competitor using a confusingly similar name. You cannot demand a takedown from a marketplace, because their process requires a registration number. You cannot license the brand, because you have nothing to grant. You cannot include it in a valuation, and any serious investor will treat it as a red flag in due diligence. And you may be forced to rebrand after years of building recognition.

What registration gives you

Exclusive use in the classes you registered, for ten years, renewable indefinitely, plus the right to enforce against infringers and the ability to license or sell.

Where to start

With a search. We run the availability search and give you a written opinion at no cost, so you know whether your name is registrable before you spend anything.

What the register gives you, and when

Using a name first does not create a right in Mexico. The registration does, and everything of value is counted from dates the registration creates: ten years of exclusivity from the grant, renewable indefinitely (article 178 of the Mexican Industrial Property Law), and the standing to stop an identical or confusingly similar application in your class under article 173.

Until then you are relying on someone else not filing, which is not a strategy.

And what it then asks of you

Registration is the start of a calendar, not the end of one. Three years after the grant you must declare real and effective use within a three-month window, and protection continues only for the goods or services actually declared; miss it and the registration lapses by operation of law, with no notice (article 233). Renewal follows, requested within the six months before expiry and admissible up to six months after (articles 237 and 238).

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Find out if your trademark can be registered

Four out of every ten marks that reach us cannot be registered as they stand. Send us the name and we come back with a straight answer on whether it has an obvious problem. No cost, no commitment. Need the full analysis, signed and in writing? That is the registrability opinion: USD 49 per mark and class, credited against your fees if you then file with us.

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