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Aug 30, 2016 (Newsletter Issue 15/16)
Mexico
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Opposition System Now Available


A new opposition system has been implemented in Mexico as of August 30, 2016.

The Mexican Institute of Industrial Property (IMPI) needs to publish the trademark application in the Industrial Property Gazette within 10 business days from the filing date. The applications will be subjected to formal examination.

Third parties can file an opposition within one month of the date of its publication in the Gazette. An extension of this opposition period is not allowed. After that a list of those applications that were opposed will be published in the Gazette within the following 10 business days.

The following needs to be noted:
- The opposition will not result in a suspension of the registration process.
- Opposing an application does not grant the opposing party a status as an interested third party.
- The opposition shall not automatically determine the outcome of the in-depth examination carried out by the MTO.
- The MTO may consider in its analysis the opposition and statements made in response by the applicant.

With the new system third parties receive the possibilities to file information, evidence, and documentation regarding their respective marks that will allow IMPI to better assess the registrability of a distinctive element in a new application.

Source: Hogan Lovells, Mexico and Bufete Soni, Mexico