Precedence in trademark registrations

On many occasions, entrepreneurs, businessmen or lawyers give up or don't know what to do when the IMPI issues a letter in advance. But what happens if I tell you that, even before, your trademark can be registered?

Recall that the above is the situation in which the IMPI denies a trademark registration due to the existence of another registered or pending trademark that is identical or similar in degree of confusion and distinguishes the same or similar products or services.

This letter is not a definitive resolution, however, if you let it go and do nothing about it, your application will be considered abandoned and the process will have ended without obtaining your trademark registration. Be careful, you only have two months to act counted from the date that this letter was notified.

Well, when this happens, there are two things you can do: 1) give up and look for another trademark to register or, 2) take action on the matter and work hard to get your trademark registered.

If you decided to go for the second alternative, you're doing the right thing. But what do you have to do? While there are several options, here we'll look at the most common ones. In any of them, you'll have to prove that your trademark can be registered.

FILE AN OBJECTION

Among the options, this is the first one you should consider. When the IMPI cites a precedent in your process, you have the right to file an objection.

The objection is a free written document intended to demonstrate with arguments and evidence that your brand is not identical or similar in degree of confusion with the other registered or pending trademark; and that they do not distinguish the same or similar products or services.

If you can prove this, rest assured that the IMPI will issue the trademark registration certificate and, with this, your trademark will have been registered.

Remember that you only have two months to file this objection.

ADMINISTRATIVE DECLARATION OF NULLITY/EXPIRY

If you have already analyzed the first option and you consider that you do not have sufficient reasons to prove that your brand is not identical or similar in degree of confusion with the other registered or pending trademark, and you cannot prove that they do not distinguish the same or similar products or services, then the only option you have left is to promote an administrative declaration of nullity or expiration. This is the least explored option but, in many cases, the one with the greatest chance of having favorable results.

Carrying out this type of procedure will result in the trademark that hinders your registration being declared void/expired and, therefore, ceases to be a problem within your trademark registration. In this case, you must submit a request for an administrative declaration of nullity or expiration to the IMPI and carry out the entire process.

Now you know what you can do to get your trademark registration.

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