The trademark opposition system in Mexico is now a reality. On April 28, 2016, the Mexican Congress approved the decree that contains amendments to the Mexican Industrial Property Law (MIPL) in order to implement an effective trademark opposition proceeding in our Country. These amendments will be in full force and effect 90 days after their publication in the Official Federal Gazette. This process might take a few months, since approval by the Executive Power is still pending and new official fees for these purposes will have to be included in the Tariff of the Mexican Institute of Industrial Property. Nevertheless, our Firm is duly prepared to encounter this venture; we have created a very effective watch notice service with cutting edge software. As soon as the relevant amendments have been duly published, we will inform you accordingly.
Pursuant to the MIPL, a trademark owner is currently compelled to wait until a trademark registration has been unlawfully granted in order to be able to file a Cancellation Action against it; making this contentious action costly and time-consuming. The implementation of an opposition system in Mexico will allow trademark owners to oppose the registration of a third party’s trademark, reducing the amount of litigious procedures, thus, becoming cost-effective.