On June 1st this year was published in the Official Journal of the Federation, the decree which amends and adds several provisions of the Industrial Property Law (hereinafter referred to as the “Decree”), which provides the following:
1. That the final resolutions issued in the procedure of administrative statement under this Industrial Property Law (hereinafter the “Law”), as well as those resolutions that modify the conditions or scope of patents or registrations granted, must be published in the gazette of the Mexican Institute of Industrial Property (hereinafter “IMPI”), in the immediate month following to the date of issue.
2. The implementation of an Opposition System related to trade marks (hereinafter the “System”), which allows the possibility, to anyone, to oppose to the registration of a trade mark, which considers is in any of the cases under Articles 4 and 90 of the Law.
This System will be carried out independently and parallel to the process, governed by the following principles:
•The person who wants to oppose to the registration of a trade mark shall have a non-extendable period of one month from publication of the application for registration of the mark in the Gazette of the IMPI.
•The opposition must be submitted in writing, accompanied by the documentation that it deems appropriate, as well as the receipt of payment of the corresponding fee.
•This will not be a cause of suspension of the registration of the mark, to which is opposed.
•The person who promotes the opposition will not have the character of interested third party or part.
•The objections raised will not prejudge the substantive examination of IMPI.
•The opposition, as well as the demonstrations of the applicant may be considered by the Institute during the substantive examination of the application.
•The applicant may express in writing what their right agreed upon in connection with the causes, impediments or anteriorities cited in the opposition, within the non-extendable period of one month from the date of the publication of the list of requests which have been submitted to opposition to registration.
•Similarly, this system allows the applicant, that within the deadline and in order to remedy the legal impediment, to modify or to replace the mark which should be subject to a new procedure.
•The IMPI shall inform in writing to the opponent of the request data from the title issued or the resolution which denied the registry, as appropriate.
3. Finally, it was established that for the procedures of changing the address of the applicant or holder, or changing the location of the establishment, it is enough that in the application the representative expresses by writing, under protest to tell the truth, that he/she has powers to carry out the corresponding procedure, only if it is the same representative from the beginning until its conclusion.
This Decree shall enter into force 90 days following its publication in the Official Journal of the Federation.
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