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 trademark that would be hardly granted.
In the substantive examination it is verified that the graphic, phonetic and ideological elements of the proposed trademark does not invade third party rights. It is also verified that the trademark does not meet the legal hypothesis of denial set forth in Article 90 of the Mexican Law on Industrial Property.
Submission of application for a registration of a mark before the IMPI, which gives a file number for an internal reference of the process.
If there is any impediment and it is dismissed by the applicant, the IMPI shall grant the trademark registration in its favor for a 10 year period starting from the application date. It may be renewed for that same period.
An examiner evaluates if the application complies with the formal requirements of the Mexican Industrial Property Law. If there is a requirement to fulfill, IMPI notifies in writing with an Office Action.
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.