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The Madrid Protocol System for the International Registration of Trademarks in Mexico Feb 2013

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The Madrid System for the International Registration of Trademarks.

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On November 2012, Mexico was incorporated to the Madrid System for the International Registration of Trademarks; this incorporation allows trademarks to be requested through an international trademark system before the World Intellectual Property Organization. Because of this, the Mexican Industrial Property Law has been amended in order to be adapted to the System.

Its legal basis is the Madrid Agreement Concerning the International Registration of Marks of 1891 and the Protocol Relating to the Madrid Agreement of 1898.

This system provides the owner of a trademark with the possibility of protecting it in various countries. In order to be incorporated to the System, countries have to be part of the Madrid Union. Throughout their incorporation, they enjoy the benefits of a centrally administered system by which they obtain a bundle of trademark registration in separate jurisdictions. Registration through the Madrid system does not create an international registration, considering that countries may reject the registration, rather, it creates national rights able to be administered centrally. Madrid provides mechanisms for obtaining trademark protection in many countries, which is more effective than seeking protection separately in each individual country or jurisdiction of interest.

Due to the international procedural mechanism, the Madrid system offers a trademark owner the possibility to have his trademark protected in several countries by simply filing one application directly with its own national or regional trademark office. An international mark so registered is equivalent to an application or a registration of the same mark effected directly in each of the countries designated by the applicant. If the trademark office of a designated country does not refuse protection within a specified period, the protection of the mark is the same as if it had been registered by that Office.

The Madrid System also simplifies the subsequent management of the mark, since it is possible to record subsequent changes or to renew the registration through a single procedural step.

The incorporation of the System to the Mexican legislation will enter into force February 19^th 2013 along with the Guidelines for the application processes, requests and promotions submitted according to the Protocol Relating to the Madrid Agreement concerning the Registration of Trademarks before the Mexican Institute of Industrial Property (IMPI).

These Guidelines establish the requirements to be followed for the presentation, substitution and renovation of international applications as well as their applicable deadlines, effects, expiration and characteristics.

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For additional information, you may contact any of the members of our Corporate & Business Practice Team.