As we reported in our earlier post, and newsflash the implementation of the opposition system in Mexico entered into force on, August 30th, 2016, and it is important to consider the following:

a) Once the application has been received, the Mexican Trademark Office’s (MTO) shall proceed, within 10 business days, with its publication in the IP Gazette.

b) Anyone who considers that a trademark application violates the Industrial Property Law provisions will have the opportunity to file an opposition within one month of the date of its publication in the Gazette. No extension of the one month opposition period is allowed.

c) After that one month opposition period expires, a list of those applications that were opposed will be published in the Gazette within the following 10 business days.

d) The opposition system has no binding effect on the MTO and, in particular:

  • Will not result in any suspension of the registration process;
  • Does not grant the opposing party any status as an interested third party;
  • Is not a procedure within the registration process, and thus the applicant could decide not to respond to an opposition (failing to respond would not be deemed a tacit acceptance of the opposition); and
  • Shall not automatically determine the outcome of the in-depth examination carried out by the MTO.

The new opposition system is a great opportunity for filing information, evidence, and documentation that will allow the MTO to better assess the registrability of a distinctive element in a new application, and lessen the possibility of the MTO granting a new registration that could infringe or jeopardize previously granted rights.

Spanish language version here