IPérez Navarrete offers solutions for preventing and solving conflicts related to the protection of your trademarks, slogans and trade names.
Besides providing appropriate legal instruments to better exploit them as are: transmission, licensing and franchise contracts, IPérez Navarrete provides the following services:
- Viability analysis: Study conducted to determine whether there is any legal impediment to registration of a distinctive sign.
- Trademark: A sign used to distinguish a product or service from others of the same species. There are nominative, nominative with design, innominate and three-dimensional marks. Their protection is on the products or services for which it is used. Its legal effect is 10 years and renewable for the same period indefinitely.
- Advertising Slogans: Sentences or statements generating a link between the customer with the product or service known usually as slogans. Their protection is on the products or services for which it is used. Its legal effect is 10 years and renewable for the same period indefinitely.
- Famous and well-known trademarks: Those trademarks that the rootedness and recognition they have, ask for a declaration of notoriety or fame for the extension of their protection; in the case of the notorious marks to all classes of the trade union, and in the case of the famous marks to all the classes of services and products.
- Renewals: Surveillance of payment terms for renewal of distinctive signs.
- Use Investigation: Research which reports whether any trademark or advertising slogan is in use in accordance with its registration, in order to determine whether it is susceptible of a cancellation action on the ground of lack of use.
- License Agreements: Contract by which the holder of a registration authorizes the use of a distinctive sign to a third party. This may be free or onerous. Such contracts must be recorded with the Mexican Institute of Industrial Property to be enforceable against third parties.
- Franchise Agreements: Contracts by which the owner of a trademark, trading and know-how allows, through financial remuneration, the use of them for a certain period to a third party.
- Transmission rights: Contract under which the holder of a distinctive sign assigns by onerous or free way the registration; this contract must be recorded with the Institute to take effect against third parties.
- Changes of Name: Notice given to the Mexican Institute of Industrial Property, in cases where the entities perform some change of name, in order to keep their distinctive signs duly updated.
- Infringement Investigations: Investigations carried out in order to check whether any commercial agent is invading a registered trademark without authorization, and determine if it is achievable to conduct an Administrative Infringement action before the Institute.
- Protect the exclusive use.
- Strengthens its position in the market.
- Provide security and support in constructing prestige.
- Increase business value.
- Obtain additional income through assignment, license or franchise contracts.
This is the first phase. Through this search for anticipations we know the chances of success of each case through their particularities and thus saving our clients costs of the application for a registration of a mark that would be hardly granted.
Submission of application for a registration of a mark before the IMPI, which gives a file number for internal reference of the process.
3. Formal or Administrative Examination
An examiner evaluates the application meets the formal requirements of Mexican Law on Industrial Property. If there is a requirement for completing the IMPI will let you know by means of an Office Action.
4. Substantive Examination
In the substantive examination it is verified that the graphic, phonetic and ideological elements of the proposed mark does not invade third party rights. It is also verified that the trademark do not meet the legal hypothesis of denial set forth in Article 90 of the Mexican Law on Industrial Property.
5. Trademark Granting or Denial
If there is any impediment and this is overcome by the applicant, the Institute shall grant the trademark registration in its favor, for a period of ten years from the filing date of the application, renewable for the same period.
6. Sending of trademark Certificate
Once delivered the trademark Certificate, it is sent by courier. In case of a refusal, we provide advice to propose the best alternative and achieve the protection required.