Registering a trademark in Mexico: a magic weapon for smooth commodity trade and intellectual property risk assessment

Documents needed to register a trademark in Mexico now

Mexico, as the second largest economy in Latin America, has attracted more and more companies to shift their trade focus to this emerging market in recent years. In order to ensure the smooth progress of commodity trade, most companies have begun to register trademarks in Mexico. Although the trademark registration procedures in Mexico are relatively simple, since individual registration is more cumbersome, it is recommended that most companies seek the assistance of professional service providers. Here is what you need to register a trademark in Mexico:

• Application in company name: Provide a copy of the company’s business license (a clear official seal is required);
• Application in the name of an individual: A copy of the personal ID card, and a copy of the individual industrial and commercial business license of the person in charge (must apply for registration within the business scope approved by the license);
• Trademark sample: Trademark-related application forms, instructions, legal person’s identity document, and company’s business license must have corresponding icon annotations. The trademark icon must contain two languages, be original, and must not contain any plagiarism or violate national taboos.

How does a Mexican trademark serve as customs import protection?

Registering a Mexican trademark not only provides protection for companies to build their brands, but also plays an important role in customs imports.

• Customs Import Protection: When goods enter Mexico, Mexican Customs will conduct a comparative review of the trademarks of the imported goods and check them with the trademarks in the Trademark Office database. If infringing goods are found, customs will detain the infringing goods and notify the trademark owner.
• Policy support for e-commerce platforms: In Mexico, owning Mexican trademarks and brands can be recognized by all parties. Mexican cross-border e-commerce platforms such as Amazon and MercadoLibre encourage brand sellers to settle in and provide more official traffic support. This allows companies with Mexican trademarks to occupy a favorable position on e-commerce platforms.
• Both offense and defense: Owning a Mexican trademark is equivalent to having both offensive and defensive capabilities. The registration of trademarks effectively prevents malicious registration and can prevent black hands from spoofing platform links on e-commerce platforms. At the same time, trademark owners can proactively safeguard their brand rights when facing brand infringement.

Intellectual property risk assessment and legal use of registered trademarks of others

Sellers should pay attention to the intellectual property risk assessment before product sales

As a seller, you should strengthen your awareness of intellectual property risks, and while respecting the trademark rights and other intellectual property rights of others, you should also pay attention to the use and protection of your own intellectual property rights. Before products are put on the shelves for sale, sellers should pay attention to the risk assessment of intellectual property rights such as trademark rights, focusing on the ownership, registration time, registration location, registration certificate number, protection content, scope of application of the trademark, type of trademark, and the nature of the trademark. Conduct investigation and evaluation on aspects such as popularity and whether the trademark has transfer permission. At the same time, you should pay close attention to the intellectual property status of the products you sell after they are put on the shelves. If there may be trademark or other intellectual property infringement, the infringing products should be deleted immediately. In addition, it is necessary to strictly control the purchase channels, eliminate products of unknown origin, and ensure that the goods sold do not have intellectual property infringement issues.

Use others’ registered trademarks in accordance with the law

Article 43 of my country’s Trademark Law stipulates that a trademark registrant may license others to use its registered trademark by signing a trademark license contract. If the licensor permits others to use its registered trademark, the licensor shall submit its trademark use license to the Trademark Office for record, and the Trademark Office shall announce it. Therefore, if you want to use someone else’s registered trademark, you must first sign a trademark license contract with the registered trademark owner in accordance with the law. In addition to clearly agreeing on the scope, period, licensing method, license fee and other matters of the trademark license, you must also submit a trademark license agreement to the trademark owner. Only when the Trademark Office records a trademark use license and the Trademark Office announces it in accordance with the law can the trademark use be protected by law.

Conclusion

As an emerging market, Mexico’s trademark registration system and customs import protection mechanism provide companies with broad development space. By registering a Mexican trademark, companies can not only trade goods smoothly, but also stand out in a highly competitive market. Therefore, for companies planning to enter the Mexican market, registering a Mexican trademark is an important step to ensure business success. At the same time, enterprises also need to pay attention to intellectual property risk assessment and use others’ registered trademarks in accordance with the law to ensure that their legitimate rights and interests are not infringed.