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Amendments to Trademark Laws

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Feb 02, 2016 (Newsletter Issue 2/16)
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Status Quo Regarding Opposition System

On December 14, 2015, the Mexican Senate approved the proposed amendment to the Mexican Industrial Property Law (IPL) which aims to establish an opposition proceeding related to trademarks. The amendment was sent to the Chamber of Deputies and has to be studied and voted. It is proposed that the reform to the IPL, if passed by Congress, would become effective after 90 calendar days of its publication in the Official Gazette of the Federation.

The proposed amendment includes the following aspects:

- The Mexican Institute of Industrial Property (IMPI) shall proceed, within 10 business days, with its publication in the Gazette.
- This publication shall be the starting point of the opposition.
- The opportunity to oppose shall be granted to anyone, who might consider that the application violates the provisions of the Mexican Industrial Property Law (IPL).
- The opposition period shall be one month, non-extendable.
- An opposition will not suspend the examination and registration procedure nor will it prejudge whether the application is eligible for registration or not.
- Opposition does not automatically grant the role of interested party, third party or party, to the person or entity who filed it.
- The applicant shall have one non-extendable month from the effective date of the notification to file arguments related to the statements of the opponent. Failing to do so would not be deemed a tacit acceptance of the opposition.
- IMPI may consider, in its analysis, the opposition and the allegations filed by the applicant of the registration.

For more information, please click here and here

Source: Hogan Lovells, Mexico and Herrero & Asociados, Spain/Mexico