Registering a trademark with the Mexican Institute of Industrial Property (IMPI) is essential to protect your business and ensure that your products or services are legally recognized. However, what happens if the IMPI denies you to register your trademark? Here's a complete guide with the steps to follow in four scenarios:
What is an Objection Appeal?An Objection Appeal is a formal response that you can file with the IMPI if you believe that the refusal to register your trademark was unjustified. This answer should argue why your brand should be registered, providing solid evidence and legal arguments. Filing an objection gives you a second chance to make a compelling case and get the protection you're looking for.
What is a Request for an Administrative Declaration of Expiration?This legal resource allows you to Cancel a trademark if it hasn't been used for a continuous period of three years. You must submit the corresponding request to the IMPI, who will notify the counterparty. The counterparty must demonstrate the continuous, real and effective use of their brand for all three years prior to the request. If the IMPI determines that the trademark has not been used, it can declare its expiration and release the registration, allowing you to register your trademark.
What is a Request for an Administrative Declaration of Nullity?This resource allows you annul a trademark that was improperly granted. The grounds for nullity include registration in bad faith, by mistake, or when the trademark is similar in degree of confusion with another that was already used in the country or abroad prior to the application. You must gather evidence to support your case and submit the request to the IMPI. If it is determined that the trademark fits any of the reasons mentioned above, the IMPI can declare it null and void and release the registration for you.
If the IMPI denies you to register your trademark and the above options are not feasible, Change the name of your brand may be the best alternative. It is essential to consult an intellectual property expert to assess the viability of the new name and ensure that it complies with all applicable rules and regulations.
The IMPI's refusal to register your trademark may seem like a major obstacle, but you have several options to overcome this challenge.
At RMG, we would love to be part of your project. Contact us for expert advice and to ensure that your brand gets the protection it deserves.
Buy the legal services and products you need online.
Go to the store
For everyone
Entrepreneurs
Companies
6
Feb
2024
Real estate tokenization, an innovative application of blockchain technology, is gaining ground in Mexico as a way to democratize investment in real estate. However, this new approach raises a number of legal considerations that must be addressed to ensure compliance and protection for both issuers and investors. In this blog, we'll explore some of the key legal aspects of real estate tokenization in Mexico.
For everyone
Entrepreneurs
companies


For everyone
Entrepreneurs
Companies
6
Apr
2023
One of the most frequently asked questions for those who are about to rent a house is: How do I rent a house safely? Today we will talk to you about how to rent a house to live or as a business safely and without dying trying. We'll give you minimum requirements that you have to meet, as well as some hacks that we've developed based on our experience.
For everyone
Entrepreneurs
companies


For everyone
Entrepreneurs
Companies
7
Aug
2023
In a Public Limited Company (S.A.), shares play an essential role in representing shareholder ownership and investment. These documents certify the ownership of the shares and grant a set of legal rights and obligations. Shares confer voting rights, dividend participation, access to relevant information and the ability to take legal action in defense of shareholder interests.
For everyone
Entrepreneurs
companies
