Operation Of The Trademark Opposition System In Mexico

In accordance to the recent reforms implemented in the Industrial Property Law, the Mexican Opposition System for the trademark registration procedure has come into force on August 30, 2016.

This opposition procedure will not replace the substantive examination carried out by the Mexican Trademark Office during the prosecution of a trademark application, and said Authority would still have the final decision on whether to grant or deny the registration of trademarks. However, it allows any person to make a formal opposition for the registration of certain trademark based on the prohibitions of registration stated in articles 90 and 4th of the Industrial Property Law, and thus, providing the Mexican Trademark Office with further and relevant information which could motivate this Authority to issue final resolutions for the granting or denying of registrations on a more solid basis.