FAQs - Trade Mark Solutions - Register Your Trademark

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FAQs

What does TRADEMARK SOLUTIONS offer that I can't get on my own directly from IMPI?

If you apply for your trademark through TRADEMARK SOLUTIONS, a lawyer will handle and manage your application, so their experience will help you avoid the common mistakes made by people who file on their own, mistakes that can cost you time, extra expenses, or even the loss of your trademark. We'll also follow up on your application, sending you relevant notifications and letting you know about any important dates or deadlines. We'll also monitor your trademark in case another person or company tries to protect a trademark that is similar or identical to yours. Finally, IMPI only provides general information about filings; it isn't authorized to give legal opinions or analysis on matters related to a trademark.

Why is TRADEMARK SOLUTIONS better than other sites dedicated to the same activity?

Because other sites don't have lawyers handling your matter, don't have an error-proofing system that walks you through starting your trademark registration application, and don't have an interface that keeps you up to date on everything happening with your trademark. Other sites have uncompetitive costs that match, and in many cases exceed, the fees of a traditional law firm. We're your best option in terms of value for money, so you don't have to deal with the hassle of filing on your own (with the risks that involves) or go to law firms with high fees.

Why should I register my trademark?

The purpose of a trademark is for you to obtain a “monopoly,” or exclusive right, over a design, logo, phrase, or word that distinguishes your goods or services, as well as your business. This right is valid throughout Mexico and helps prevent third parties from stealing your business's name, the logo you use, etc. Another advantage of registering is that you can authorize whoever you choose to use your trademarks (for example, this means you could franchise your business and let other people open branches, earning income for you in the process). Finally, trademarks become assets of your business, and you can even go on to sell them or use them as collateral to apply for loans.

What are the “goods and services” of a trademark?

A trademark can't automatically be used in connection with any type of activity and goods; you need to choose the specific goods or services to which you want to apply your trademark. To that end, there is an international classification system that groups goods and services into 45 different classes, so you need to determine which class best fits your activities and, from there, choose exactly which goods or services you want to protect with your trademark.

How can I know whether I need to protect goods or services?

The easiest way to determine whether your trademark should be protected under a class of goods is whether your customers buy a physical item from you (for example, a jacket, a computer, a cosmetic product, etc.). On the other hand, if your customers hire you to do something for or on behalf of them (for example, handling all their accounting, giving them a beauty treatment, creating advertising for them, shipping their goods, etc.), you should protect your trademark under one of the classes of services.

I've already determined whether I sell goods or provide services, so now, how do I find out which class applies to me?

TRADEMARK SOLUTIONS helps you with a goods and services search tool: as you type the product or service you're engaged in, our interface will give you suggestions you can choose from, which are automatically added to a personalized list. However, if you'd like to look into it yourself, you can visit this link to see the categories of goods or services that each of the 45 classes covers, and find out where your trademark might fall.

If I change my mind about the goods or services I chose, can I modify them?

You can only modify them by narrowing them down, meaning by removing goods/services or limiting them. It isn't possible to add goods that you didn't include from the start.

Do I have to run an availability search before starting my trademark registration application?

No, but it's highly recommended, since there may be trademarks that turn out to be a problem for your registration being granted and force you to choose a different trademark. Situations like this can be anticipated through the search, so you avoid wasting time and money on an application that may have poor chances of success.

What are the steps or stages in the process of registering my trademark?

Once the trademark application is filed, IMPI must review whether it meets all the formal requirements established by law and whether it falls under any of the grounds for refusal. If any of these situations exist, an office action will be issued informing us of the problem and giving us the chance to defend the application. If the defense is successful, or if the authority found no problem, the trademark will proceed to be granted.

How long will my trademark application take?

We'll file your trademark application within 2-3 business days; from there, IMPI will take approximately 4 months to issue a response. The response may be the trademark being granted directly, or the issuance of an office action, in case some kind of problem was found with the trademark.

Is it possible that my trademark won't be granted?

Yes. If your trademark is identical or similar enough to another prior trademark to cause confusion, or if it falls under any of the prohibitions established by law, IMPI could decline to grant it.

Besides similarity with another prior trademark, what other grounds for rejecting a trademark are there?

That the trademark describes the goods or services you want to protect; that the trademark is generic, commonly used, or not distinctive; that the trademark consists solely of a single letter, color, or number in isolation (not including any design); trademarks that reproduce or imitate the name or depiction of official coats of arms, official emblems, or awards obtained at events such as fairs, exhibitions, and competitions; trademarks that could be misleading; trademarks identical or similar to geographical indications or appellations of origin; trademarks that are identical or similar to famous trademarks; etc.

If my trademark is rejected, can I ask for a refund?

Unfortunately, we can't offer refunds for trademark rejections, since starting the application process requires paying the corresponding official fees to the Authority (IMPI), which in turn does not refund those fees.

How can I know what I should register and what I shouldn't?

In general, you should think about the elements that give your goods, services, or business their originality and that distinguish them from your competitors. This includes your logo, as well as slogans (such as the phrase “A que no puedes comer solo una,” roughly “bet you can't eat just one”) or words (such as “BURGER KING”) that only you use and by which consumers recognize you.

Are a trademark, a copyright, and a patent the same thing?

No, each of them protects different things. A trademark protects the names and phrases that distinguish your goods, services, or business from those of your competitors; copyright protects original artistic works (literary, musical, architectural, pictorial, visual art works, etc. that you create); patents protect a process or product you've invented, meaning something that didn't exist before.

Is it true that I have to protect my trademarks in black and white, even if I use them in color?

It isn't necessary; you can protect your trademarks in color. However, TRADEMARK SOLUTIONS does recommend protecting your trademarks in black and white as well, since this gives broader protection that allows you to use the trademark in any color combination.

What do I need to do once my trademark has been granted?

– Use it.
– File the “Declaration of Use” in the third year after it's granted (we'll remind you about this filing and can submit it on your behalf).
– Renew it in the tenth year after it's granted (we'll also remind you of this date and can handle the filing for you)

Who handles the payments I make to TRADEMARK SOLUTIONS?

To avoid risks and conflicts, we've partnered with a payment processing platform (Openpay) affiliated with one of the largest banks in the world. They handle the transactions made on our site, such as card payments, deposits at a bank branch or convenience store, as well as bank transfers, and they provide all the security measures necessary for you to make your payments with the confidence and peace of mind you deserve.

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