If you are looking to start your own company and be a business person dedicated to your endeavors, surely, you are also investigating how to know if a trademark is registered.
When we start in the world of entrepreneurship, we must create a brand that identifies our company; for what we must know which ideas are available and which ones have already been registered For other people. So, to help you with this situation, we have written this article especially for you.
How to know if a Trademark is Registered?
The brand concept does not refer to the type of company or services you can offer, but to the image, design and concept that you can create around this business.
When creating a new brand, no matter how small or large, we have to register as soon as possible to leave legal proof of its existence and prevent other people from appropriating our idea.
Likewise, we also have the duty to check if a trademark has already been registered, in order to avoid copying other people’s idea; Since, it may happen that we have a design created and it is registered.
Now, to find out which brands have been registered, you can go to Mexican Property Institute Industrial (IMPI). There, you will be able to find all the pertinent information to registries and procedures on the creation of a mark.
In the same way, from the IMPI itself, they have created the External Consultation Service on Trademark Information (MARCANET), a web portal that contains a registration and consulting system so that the country’s citizens can review all the information they need about trademarks in Mexico.
Through this website, you can get the information you need quickly and up-to-date; since verification is carried out between trademark documents, commercial data and observations.
Once you are in the portal of the MarcaNet, you can carry out the following actions:
- Check the availability of a brand through its «Logos», «Names» or «Signs for« Reception Month ».
- Advanced search throughout the online trademark system.
- Follow up on other brands already registered.
- Use tools to know how to classify your products or services.
How to know if a Trademark is Registered: How to Register my Trademark?
Since we have talked about how to know if a trademark is registered, it is time to talk about how to register a trademark.
That’s how it is! If you have reached this article, it is because you have in mind to create and register your own brand, become a business person, bring your ideas to life.
Therefore, to help you with this, we are going to explain how a trademark should be registered.
The first thing to know are the data and requirements requested by the IMPI to be able to register a trademark:
- You should check originality and ownership of your brand.
- Present the original and copy of the form IMPI-05-01 of the registration request in the general register of powers.
- Present the originals and copies of the payment vouchers required by the laws of the country.
- Consign the legal document and a Power of Attorney signed and authorized by the brand’s witnesses.
- Consign a letter signed by a notary public and a power of attorney to approve international trademark treaties.
So, we already know the requirements and data you need to be able to register a trademark in Mexico, now we will talk about the steps you must follow to make it happen:
- Before registering a trademark, you must first check its originality.
- To do this, you must go to Mexican Institute of Industrial Property or make use of their service MarcaNet.
- Then, you must request the consultation or registration form, depending on your case.
- At the same time that you request the return, you must make the respective payments to the management of the procedure.
- Afterwards, you must enter all the requirements and data requested by the IMPI.
- Again, you will have to go to the IMPI and present all the requested information.
- Finally, you only have to request your payment line and wait 10 days from the delivery of the request to receive your registration certificate.
This information might interest you: «Requirements to Register a Trademark in Mexico»
We have talked a lot about paying for «Costs of the procedure» previously, and we have not explained what we mean by them.
You see, in order to register a trademark in Mexico, we must pay fees established by the IMPI to be able to manage the process in question.
The value of these fees It is estimated from $ 139.29 to $ 2,457.79 Mexican pesos, including all the process from the application to the issuance of the trademark property title.
Likewise, the cost of patenting a brand, product, service or business has a value of up to $ 8,000 Mexican pesos, with a validity of 20 years.
On the other hand, although the procedure belongs to the IMPI area, the payment of these fees must be canceled at the authorized bank or through PASE electronic system.
How to Know if a Trademark is Registered: Importance of Doing It
We have mentioned some reasons for you to register your brand throughout the text, but it never hurts to emphasize them again; since, since Manage it, we want to help you protect your business and ideas.
Currently, we live in a very competitive and fast business world, every time new products, new brands, among others, come out; So, it is very important to protect the ideas that we can create.
This is precisely why the IMPI was created, to help people register their ideas and extend a hand to them so that they can continue to develop it.
The main reason for registering a trademark is prevent other people from stealing your ideas or getting ahead of you and manage to make a profit at the cost of your creativity.
Similarly, it also works for protect your investment in the short and long term, and make a profit from your products or services.
What’s more, -For you to take on account- it is recommended to register your brand even when you are still in the process of developing it in a product made and accessible to the public.
What happens if you use a Trademark already Registered in Mexico?
When registering a trademark with the Mexican Institute of Industrial Property, is acquires copyright protection; In other words, its security is protected and guaranteed.
In consecuense, trademarks that are already registered cannot be used, since it would mean breaking the laws of the country and falling into economic and legal sanctions.
Therefore, when using an already registered trademark, you would be exposing yourself to sanctions and fines by the legal defense mechanisms of brands and public entities.
Now, to help you in case you use -unintentionally- a registered trademark or you have to notify that they use your trademark, we have prepared the following list with the steps to follow, continue:
- First it is known that someone is making use of a registered trademark.
- Then, the affected person must notify the IMPI and other competent entities about the illegal use of the trademark.
- Afterwards, the competent authorities notify the offender about his crime with all the details about the case.
- Said notification is made in a period not exceeding ten (10) days, once the infringement has been verified.
- Finally, the case will be studied and the penalties and fines pertinent to the case will be determined.
How to know if a Trademark is Registered: What is the IMPI?
All right, the time has come to talk about the Mexican Institute of Industrial Property or, also known as, IMPI.
This institute is in charge of protect industrial property rights, as its name indicates, according to the laws established by the Ministry of Finance of Mexico.
Precisely, in this institute, you have to submit the application to register your trademark and, subsequently, carry out the necessary procedures to complete the registration. Likewise, the IMPI is in charge of watching over, protecting and defending the intellectual rights of the country’s citizens.
Therefore, it could be said that IMPI is the institution that cares for and protects all brands and ideas of Mexicans.
What is a Trademark and How to know if Mine is Registrable?
We have already mentioned what a brand is at the beginning of the article, but to refresh the concept, we will return to the subject in this last section of the article.
At first, any business idea or service can be registrable, but to make sure that the ideas you have can be registered in the IMPI, you must use the web portal MarcaNet.
In this online system, you will be able to find all the information necessary to determine if your trademark is registrable or not; as well as, you will also be able to know if a brand is already registered or not.
Visit GESTIONALO.NET Mexico
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