Opposition Proceedings

The Trademarks Chapter of the new Federal Law for the Protection of Industrial Property includes several modifications regarding oppositions.

According to the new provisions, the term to respond to an opposition will be 4 months after the opposition has been served to the applicant, and if no response is filed, the application will be considered as abandoned.

This change derives from the fact that the Trademark Office intends to issue a single official action, including all possible requirements, objections, and oppositions, during the prosecution of an application, giving the applicants a more complete picture of the chances of success in obtaining registration. It will also allow them to file a single response to both an opposition and an official action, citing barriers when the barriers occur together with the opposition, and by responding to only one official action, the prosecution time should become shorter.