Dilemma – Mexico Opposition Actions vs. Trademark Applications Filed Under The Madrid Protocol

Back in 2012, Mexico adopted the Madrid Protocol relating to the Madrid Agreement concerning the International Registration of Marks.

The opposition system has been in force since August 30th, 2016, so the trademark applications filed are published in an Official Trademark Gazette and any person or company that deems that the published trademark application is identical or similar to a previously applied for or registered mark may oppose its registration within a term of one month counted as from the date of the respective publication. The applicant will then have a term of one month to submit its arguments against the opposition. The recent amendments to the IP Law have established a very short term of two working days to file allegations. The opposition and arguments from the applicant may be considered by the IMPI in a discretionary manner in order to grant or object to the trademark application.