Approval Of The Bill Implementing A Trademark Opposition System In Mexico

On April 28, 2016, Mexico´s Congress approved the proposition for implementing an opposition system during the trademark registration process.

In accordance with the system, within ten days after its filing, each trademark application will be published in the Industrial Property Gazette. Once the application is published, any person who considers that the respective trademark incurs in any of the prohibitions set forth in articles 4 and 90 of the Industrial Property Law may express an opposition to the granting of such application in a writ that may be filed along with the payment of the respective fees and supporting documentation. Regardless, the Mexican Institute of Industrial Property shall not be exempt from performing its own examination of the respective application and determine if the same will be granted or refused, communicating such decision to the opponent. The Industrial Property Gazette will also include a list of applications that receive oppositions.