Precedence in the Trademark Registry

Of course! Here is the full Spanish translation of your article, which details the legal strategies to overcome the Precedorities cited by the IMPI:

Precedence in the Trademark Registry

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

Let's remember that the Previously 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 request will be considered abandoned and the process will be over without obtaining your trademark registration. Be careful, you only have two months to act counted from the date you were notified of this letter.

Well, when this happens, there are two paths you can take: 1) give up and look for another trademark to register or, 2) take action 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 will have to prove that your trademark can be registered.

1. Submit a Letter of Response

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 submit a written reply.

The written response is a free (free) document that aims to demonstrate with arguments and evidence that your brand It 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 brand will have was registered.

Remember that you only have two months to submit thisThe answer.

2. Administrative Declaration of Nullity/Expiration

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 a 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 invalid or expires and, therefore, ceases to be a problem within your trademark registration. In this case, you must submit to the IMPI a request for an administrative declaration of nullity or expiry and carry out the entire process.

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

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