Requirements to Register a Trademark: Documents, Process and MORE

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If what you want is to legalize a trademark, there are a number of Requirements to Register a Trademark that you must take into account when starting the necessary procedures to start your business. All these, together with the documents that we will mention to you today, will allow you to complete the registration of your own brand, without inconvenience.

A Mark It is what allows you to differentiate your initiative, organization, business or any other form of profit in terms of the offer of goods and / or services, from others that already exist and that may be related to your idea. In this way, it is a mandatory business identification to make you known and differentiate yourself from the rest of your competitors.

In this article We will be explaining everything you need to know about the process of registering a trademark, here in Mexico, so that you can start as soon as possible and finish successfully. Good luck!

What are the Requirements to Register a Trademark?

We will start by mentioning the Requirements to Register a Trademark, so that you can have them up to date before starting to collect the documents, which we will talk about in the next section. Let’s see:

  • The sign of your brand may not resemble anyone else who is registeredIt must be original and, by way of recommendation, attractive to the eye.
  • If this is related to the goods and / or services you are offering, much better, as it will make customers know immediately what it is about. However, this is very difficult to achieve, due to the amount of competition in the market and its visual appeal, so you probably want relate it to the name or something of this kind.
  • East cannot have implicit images or with double meaning that may disturb the user.
  • Decide if you are going to register as a brand only a sign or also a sound, a hologram and even a smell!
  • You must have some weather to do the necessary paperwork.
  • Have a marketing specialist It could be a requirement, as they have specialized in building strong brands.
  • To know the procedure, associated costs, duration of the trademark and the legal aspects of the registration, which we will tell you throughout the article.

That is all! Do you think it is necessary to add something else?

Necessary documents

Now yes, the documents that you must present at the time you are going to present your brand, and which you must begin to collect with a prudent time frame, are:

  • Original of the Application for Protection of Distinctive Signs A or B, depending on the type of trademark you want to register.
    • Type A: for Certification Marks, Collectives, Commercial Name or Commercial Notice, or simply Marks.
    • Type B: if it is a Commercial, Brand, Sound, Olfactory or Holographic Image, or a mix of the above.
  • Original from Form General Data of the People, if the registration request is made by two or more people. You can access the form by clicking here.
  • Copy and original of receipt associated with the procedure.
  • Document that evidences the personality of the agent, optionally, although its copy must be certified
  • Evidence of inclusion in the General Registry of Powers in the Mexican Institute of Industrial Property (IMPI). This document is optional, but if it is presented, it must be both the original and the copy.
  • If there is joint ownership, the original of the Rules of Use.
  • If this is the case, the documents translated into Spanish, if they are presented in a different language.
  • Attached documents that come from abroad must be apostilled or legalized, and the original must be presented.
  • Original or certified copy of other documents that allow to demonstrate the purchase of a distinctive character derived from use in the trade.
  • They can ask you for other documents to complement if it is considered that the corresponding document is not sufficient, in the form of additional sheets, to the points of Products or services in case of Trademark or Commercial Notice / Preponderant business line me Non-bookable captions or figures.

Once you have completed the necessary procedures to acquire at least the basic documentation, you can start the process to register a trademark, which we will talk about below.

Process to Register a Trademark

Once you have the necessary requirements and documents, you can start the process to register your brand. To do so, you just have to decide if you want to do it online, in person or in an online mailbox.

Online

To carry out the online procedure, you should only:

  • Being a natural person, obtain your FAITHFUL.
  • Start your registration in the IMPI electronic services portal, so that you can have your username and password. You can start by clicking here.
  • Enter the system, scan the application and attach the documents in PDF format.
  • Complete the payment, either by electronic transfer or bank teller.
  • You must sign with your FAITHFUL.
  • Download proof of payment.
  • Once all these steps have been completed, then check the MARCANET website, so you can know the status of your Request.
  • The answer will most likely be sent to your electronic board, in the same link above.

Online mailbox

In this case you must:

  • Login to Online Mailbox of the government.
  • Send the application and all other necessary documents in PDF format.
  • Complete the payment, either by electronic transfer or bank window, and attach the proof of payment.
  • You should send it through the page and go to the office of your choice.
  • Once there, deliver the application, the documents and the acknowledgment of receipt.
  • And ready! You have to wait for the answer.

Face-to-face

To do this procedure face-to-face way, as you wish, you must:

  • Fill out the Application and attach the required documents.
  • Complete the payment, either by electronic transfer or open window.
  • Come to the office of your choice to submit the application and documentation.
  • Save the receipt and wait for the response to your Request. It will go where you point it out: to the office or in the gazette.

Specialized courier or mail

This form of Requesting the registration of your trademark is very similar to the previous ones, but it is done by specialized courier or mail. If you are interested in trying this way, you should only:

  • Fill out the Application, attach the required documents and make the payment, either by electronic transfer or by an open window.
  • Go to the post office or specialized courier of your preference.
  • Submit the application and documentation.
  • Once all these steps have been completed, then check the MARCANET website, so you can know the status of your Request.
  • And ready! Your answer will arrive where you indicate it: to the office or in the gazette.

How much does it cost to register a brand?

The cost of registering a trademark it can vary from year to year, but takes into account the study of the application until the issuance of the title. However, this does not include VAT, just so you can keep it in mind.

For the year, the cost of this procedure is $ 2,457.79 mxn, although it does not take into account the costs associated with acquiring apostilled documents, for example. Again, take your forecasts, not only in time but in money, and keep in mind that this is a very important step for registering your business in Mexico.

Where is this procedure done?

The procedure can be done in any of the authorized offices For this end. These are scattered in the municipalities of the Capital District, Guanajuato, Jalisco, Nuevo León, Puebla and Yucatán.

To find out which one is closest to your locality you just have to go to this link, swipe down, where it says Locate your closest office and ready! You can also, in that same link, review some of the information that we have provided, so that you do not have any doubts about the Requirements to Register a Trademark.

At Capital district, this is located in Xochimilco, on Av. Arenal, called as IMPI, Divisional Directorate of Brands. The Hours of Operation are Monday through Friday, from 8:45 a.m. to 4:00 p.m.

Legal aspects

The legal aspects linked to the process of registering a trademark, and the trademark itself, are immersed in the Industrial Property Law. Some of the articles contemplated in Chapter 1, on Trademarks, are:

  • 87: Those who trade goods or services can use a trademark, but for its exclusive use it must be registered with the Institute.
  • 88: by brand we understand the sign that distinguishes a business from all its competitors in the market.
  • 89: they can be registered as trademarks, first names not previously registered, trade names, visible figures and denominations, and three-dimensional shapes.
  • 90: Trademarks such as animated three-dimensional shapes, technical or commonly used names, denominations strongly related in the description of another brand, isolated letters or digits (must be accompanied by signs, for example), and all those signs that refer to flags, shields are prohibited. or emblems of any country.
  • 91: A trademark equal to, or comparable to the degree of confusion, cannot be registered with an existing one.

So we have other articles that we highly recommend that you review. These are the most basic, but if you want to know more, you can always consult the Industrial Property Law. What’s more, if you want you can see it as one of the Requirements to Register a Trademark.

We hope we have been of help, until next time!

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