According with the Industrial Property Law, a trademark is “any visible sign by which products or services of others of the same species or class are distinguished in the market.”
In Mexico, the registration of trademarks before the Mexican Institute of Industrial Property is not mandatory, however, it provides the owners of said trademarks the advantage of enjoying multiple benefits, such as exclusive use of the trademark throughout the Mexican territory, the exclusive right to grant use to third parties through use licenses, allows legal actions to be taken against third parties who use the trademark without authorization from the owner, among others.
Before applying for registration of a trademark, it is necessary to define in advance which products or services are intended to be distinguished by such trademark, for which the products or services are classified under the Niza Agreement concerning to the International Classification of Products and Services for Trademark registration.
In order to obtain the aforementioned trademark registration, the corresponding application and payment must be submitted to the Mexican Institute of Industrial Property (IMPI) or to the delegations of the Ministry of Economy and comply with a series of requirements. The validity of the rights of the trademark is 10 years counted from the date of filing of the aforementioned application, and it has the possibility to be renewed for periods of the same duration.