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Amendments to Trademark Laws

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Mai 18, 2016 (Newsletter Issue 9/16)
Mexico
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Draft Amendments to TM Opposition Approved


The Mexican Senate has discussed and approved the draft amendments that will introduce the trademark opposition procedure in the Mexican IP Law.

According to the draft, the trademark opposition procedure would imply the following particulars:

PUBLICATION
After the trademark application is filed, it will be published in the IP Gazette no later than 10 days after the filing date. The formal examination of the trademark application would start at the publication.

OPPOSITION
An opposition may be based on absolute and/or relative grounds. Any third party is entitled to file an opposition.
- The opposing party shall include all the documents in support of its opposition.
- Official fees will be payable. The fees have not been set by the Mexican Trademark Office (MTO) yet.
- In addition, according to the proposed amendments:
i. The opponent will not be recognised as a third interested party.
ii. The examination of the application will continue alongside the opposition procedure, and the prosecution of the application will thus not be in abeyance until the opposition is decided.
iii. The MTO is not obliged to take into consideration the arguments included in the opposition in its examination.

SECOND PUBLICATION
A second publication will take place in order to notify the applicants of the relevant oppositions (if any). This publication will be 10 days after the one-month opposition term has expired.

APPLICANT’S RESPONSE
The applicant will be granted a one-month term (as from the date of the Second Publication) in order to contest the opponent’s grounds of refusal.

SUBSTANTIVE EXAMINATION
During the substantive examination of the application, the MTO will decide the relevant opposition as well as other grounds of refusal that the Examiner might identify.

SERVICE TO THE OPPONENT
The MTO will inform the opponent of its final decision.

Source: Dumont Bergman Bider & Co., S.C., Mexico