Mexico Trademark FAQ
These are the most frequent questions our clients usually ask. If you don’t find an answer to your questions, please click here and fill out the electronic form.
What is a trademark?
It is a symbol that identifies and distinguishes a service or product from others in the same classification. It can be represented by:
- A word
- A logo
- A slogan
- A type of packaging (e. g., bottle, box, etc.)
- A combination of any of these
Kinds of trademarks
There are four kinds of trademarks:
- Named (Standard)
- Unnamed (just a graphic)
- Three-dimensional
- Mixed (stylized)
Named trademarks
Named trademarks, are those products or service trademarks identified by a word or group of words. These trademarks should be phonetically distinguishable from similar products and services. This means that there shouldn’t be any likeness between them and any other products or services of the same kind.
Unnamed trademarks
Unnamed trademarks are logos or designs, which visually stand out as trademarks. They are not phonetically recognizable, since they have an exclusive visual impact.
Three-dimensional trademarks
Three-dimensional trademarks are related to the shape of the product, its packaging, container or wrapping – taking into consideration that these elements are distinctive and set the product apart from others of the same type. This means that three-dimensional trademarks are related to three-dimensional objects, such as bottles, packaging, boxes, containers, etc.
Mixed trademarks
Mixed trademarks are the outcome of a combination of the trademark kinds defined above. Three-dimensional or not, mixed trademarks can be a mixture of words with logo design.
Commercial advertisements or slogans
In addition to the previously mentioned trademarks, there also exists the registration of commercial ads or slogans. Slogans or advertisements are short, memorable phrases used to publicize or differentiate a product, service provider or a company from others with the same activity.
Why should I register my trademark?
Registering your trademark grants you legal protection as its owner, shielding you from unauthorized use by third parties—be they individuals or companies. Furthermore, a Mexican trademark registration provides a foundation for seeking protection abroad. This registration confirms that the use of your trademark (whether represented by symbols, logos, designs, words, phrases, or a combination of these) is the exclusive right of its owner.
Why is registering through tumarca convenient for me?
We are an exclusive trademark registration division. Because we are highly specialized in all related trademark action management, we offer you high-quality and efficient services. Furthermore, we are committed to give our clients the best service; our personnel works under the strictest, most ethical and professional regulations, operating the highest and most developed technology systems, which allows us to offer you the best results in the least possible time.
What are the costs for registering a trademark?
- Preliminary search: $300 Mexican pesos.
- Trademark registration: $6,400 Mexican pesos.
How much does it cost to register a slogan?
- Search results: $300 Mexican pesos.
- Registration request: $6,400 Mexican pesos.
Do you provide service in all Mexican territory?
Yes, we do.
Does tumarca have international service?
Yes, we do provide service to clients worldwide.
Who grants trademark registration?
The Instituto Mexicano de la Propiedad Industrial (Mexican Institute for Industrial Property) is the institution in charge of granting trademark registration in Mexico.
How long does a registration take?
In Mexico, the process takes approximately 6 to 9 months. An important part of our service is to follow up punctually each and every one of the trademarks registration processes entrusted to us by our clients.
What do I need to register my trademark?
Once a search has been carried out to determine whether or not your trademark can be registered, the requirements are:
- A power of attorney which we will send to you.
- If the registration is in the name of a business then we will need a certified and apostilled copy of the articles of constitution of the company.
- The logo of the trademark, if there is one.
- The payment.
If the trademark is the same as the name of a company, do I still need to register it?
Yes. Even if your company has the same name as the trademark, it is necessary for you to register it as a trademark. Trademarks and companies are two entirely independent entities. Companies are related to administrative, legal and prosecuting acts, while a registered trademark protects the name or image of the products and services the company commercializes, distributes or imports.