Stages of Brand Registration.

Stages of Brand Registration. It is important to keep in mind that when starting a procedure for registering a trademark, it will have two main stages before having a definitive result known as examinations of procedure and substance. Each of these stages allows the Mexican Institute of Industrial Property to carry out scrutiny and evaluations of the brand proposal to analyze whether or not the granting of registration for its protection is appropriate, that is, if it has the elements and characteristics that the Industrial Property Law demands protect it.

Next, the phases of the trademark protection procedure will be detailed;

The first stage begins when the application for trademark registration is filed before the Mexican Institute of Industrial Property, which is granted a file number and is subjected to a first evaluation known as a examination of procedure, in which an examiner check that the application complies with the formal and administrative requirements established by law, such as, the identification data of the owner, the identification data of its legal representative, the identification data of the establishment where the brand will be used, the name, representation and / or description of the brand, as the case may be, the products or services that will be offered with it, along with this information, it will be checked if the documents attached are correct as well as the proof of payment of the corresponding fee to the procedure.

If the information and documentation shown in the trademark application are not correct, the examiner will let the applicant know so that he has the opportunity to amend his mistakes or omissions and continue with its procedure.

On the contrary, if it turns out that the information and documentation shown is correct, the application for registration is published in the gazette and taken to a new examiner for the examination of substance, thus starting the second phase of the trademark registration process.

Once the examiner has the registration application, he will analyze that the elements that make up the brand, such as graphics, phonetics, olfactory, sound and ideological, are original enough, distinctive, non-descriptive and of course not invade or violate the rights of third parties or are, in the cases indicated by law, an impediment.

If the examiner detects any possible objection for the trademark to be registered, for example, that it considers that there is a brand similar or identical to the proposal registered or requested previously, it will be communicated to the applicant so that it can provide evidence and arguments that dismiss this possible impediment.

In the event that the examiner considers that the arguments and evidence presented by the applicant don’t refute the impediments, the registration of the mark will be denied, while if the arguments and evidence presented by the applicant manage to discard the objections, the brand registration title will be granted and finally the granting of protection to the brand will be published in the gazette, terminating the procedure.

If you want to start or have already started a trademark registration procedure and you have any problems, go to Bandala Diaz Garcia and we will gladly help you get the protection of your brand.