Mexico – Latam Guideline
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- Mexico – Latam Guideline
Trademarks
Patents
Designs
Data protection
Trademarks
WIPO-administered Treaties:
Contracting Party of the Madrid System: YES.
Trade Mark Law in force:
Federal Law under protection of Industrial Property (published in the official Journal on 1st of July 2020), in force since 5th of November 2020
Classification:
Nice classification, 11th edition.
Multiclass Applications:
Registrable trade marks:
All distinctive and graphically representable signs, such as words, names, acronyms, devices, three-dimensional forms, titles of intellectual or art works, names of television or radio programs (as long as the owner of the IP rights of the works grants their written consent), sounds, odours, trade dress and colours. It is possible to claim secondary meaning for trade marks.
Formal filing requirements:
- Power of Attorney: Not necessary.
- Priority certificate: Not necessary.
- Indication of date of first use or intention of use.
Examination:
Absolute grounds for refusal: YES.
Relative grounds for refusal: YES.
Opposition period:
30 days from publication date.
Average time from filing to grant:
Approximately 8 months unless any obstacles were raised.
Term of protection:
10 years from the date of granting. As from August 2018, certificates of registration are published in the Gazette.
Use requirements:
YES. Cancellation can be requested if the trademark has not been used for 3 years, counting from the registration date. Partial cancellation is possible.
A Declaration of Use must to be filed for all trademarks (both national and IR-designations) registered after 10 August 2018. The first declaration of use has to be filed within the subsequent 3 months after the 3rd year counting from the registration date. A second declaration of use must be filed along with each renewal application.
Renewal terms:
6 months prior to renewal date.
Grace period 6 months.
Patents
WIPO-administered Treaties:
Contracting Party of the Paris Convention: YES
Contracting Party of the Patent Cooperation Treaty (PCT): YES. Due term for entry into national phase: 30 months.
Patent Law in force:
Federal Law under protection of Industrial Property (published in the official Journal on 1st of July 2020), in force since 5th of November 2020
Types of protection available:
Patent of Invention; Utility Model.
Formal filing requirements:
- Power of Attorney merely signed (no legalization required) within 60 days from office action. Possible extension of term.
- Assignment document from the inventors merely signed (no legalization required) within 60 days from office action (not required for entry into national phase of PCT applications). Possible extension of term.
- Digital copy or certified copy of priority application within 90 days from filing (not required for entry into national phase of PCT applications provided that PCT/IB304 form is available). DAS system is available.
- Sequence listings must be filed in WIPO Standard ST.26 format.
Filing of the patent application in a foreign language:
Possible. Late submission of the Spanish translation is possible within 60 days from office action. Possible extension of term.
Substantive examination must be requested by the applicant:
NO
Search report must be requested by the applicant:
NO
Observations by third parties:
YES, within 2 months from publication.
Opposition:
NO
Average time from filing to grant:
3 years
Term of protection for patents:
20 years from filing date.
Term of protection for utility models:
15 years from filing date.
Differences between utility model and patent:
UM suitable for utensils, instruments, tools, apparatus, devices, or any parts or improvements thereof, but not to chemical products, methods or uses; lower threshold for inventive step.
Maintenance:
Payment for periods of 5 years after grant.
Compulsory licensing:
YES
Designs
WIPO-administered Treaties:
Contracting Party of The Hague System: YES.
Applicable Law:
Federal Law under protection of Industrial Property (published in the official Journal on 1st of July 2020), in force since 5th of November 2020
TRIPS
Grace period for filing applications, from disclosure:
12 months.
Multiple design applications -one application for different embodiments-available:
YES, provided that that the different embodiments share the same general visual characteristics (unity of Invention).
However, this is reviewed during the substantive examination stage. If the examiner determines that the embodiments correspond to different designs, even if they share the same visual characteristics, the applicant is required to divide the application.
Formal filing requirements:
Power of Attorney. Merely signed (2 witnesses) 60 days from Office Action.
Assignment Document. If applicable. Merely signed (2 witnesses) 60 days from Office Action.
Priority Document. If applicable. 60 days from Office action. Spanish translation required.
Formal Drawings.
Specification
Locarno classification:
YES.
Deferred publication:
Not possible.
Registration Proceeding Outline:
Filing. Formal examination. Publication. Technical examination. Notice of grant. Renewal
Opposition:
NO.
Nullity proceedings are possible after granting.
Average time from filing to grant:
12 – 18 months.
Term of Protection and Maintenance:
5 years, plus renewal terms of 5 years each, up to a maximum of 25 years.
Data protection
Territory: Mexico
Data Protection Regulations: Federal Law on the protection of personal data held by private parties.
Regulatory purpose: The protection of personal data in the possession of individuals, with the aim of regulating their legitimate, controlled and informed processing, in order to guarantee privacy and the right to informational self-determination of individuals.
Parties:
- Data controller: Yes. Natural or legal person of a private nature who decides on the processing of personal data.
- Data Processor: Yes, the natural or legal person who alone or jointly with others processes personal data on behalf of the controller.
- Data Protection Officer: No.
- Supervisory Authority: Yes. National Institute for Transparency, Access to Information and Protection of Personal Data (Instituto Nacional de Transparencia, Acceso a la Información y Protección de Datos Personales). (Federal Institute for Access to Information and Data Protection).
Principles:
- Lawfulness
- Consent
- Information
- Quality
- Purpose
- Loyalty
- Proportionality
- Accountability
Obligations:
- Register of Processing Activities: No.
- Impact Assessments: Yes.
- Risk analysis: Yes.
- Technical and organisational security measures: Yes.
- Duty to inform: Yes.
- Data Protection Officer: No.
Data subjects’ rights:
- Right of Access: Yes.
- Right of rectification: Yes.
- Right of Suppression: Yes.
- Right to limitation: No.
- Right to portability: Yes.
- Right to object: Yes.
- Automated individual decisions, including profiling: No.
International transfers:
International data transfers can only be carried out without the consent of the data subject in the following 7 specific scenarios, but it does not mention the mechanism, or the list of countries considered safe. Assumptions:
- When it is provided for in a Law or Treaty to which Mexico is a party;
- When it is necessary for the prevention or medical diagnosis, the provision of health care, medical treatment or the management of health services;
- When it is carried out to holding companies, subsidiaries or affiliates under common control of the responsible party;
- Where it is necessary under a contract entered into or to be entered into in the interest of the data subject by the data controller and a third party;
- Where it is necessary or legally required for the safeguarding of a public interest, or for the administration of justice or the administration of justice;
- When it is necessary for the recognition, exercise or defence of a right in legal proceedings; and
- When it is necessary for the maintenance or performance of a legal relationship between the controller and the data subject.
Sanctioning regime:
- Warning.
- Fine of 100 to 320,000 days of the Minimum Wage in force in Mexico City.
- In case of persistent infringements, there will be an additional fine of 100 to 320,000 days of the Minimum Wage in force in Mexico City.
Certification or accreditation of compliance for companies: No.
