Trademark Registration Monterrey
Trademark Registration Processing and Advisory
We offer professional legal services focused on TRADEMARKS, COMMERCIAL NOTICES, and TRADE NAMES to protect your name and your business.
Our service includes everything necessary for trademark registration: consulting, processing, paperwork, and payment of fees.
INITIAL TRADEMARK REGISTRATION STEPS:
1. Identifying the INDUSTRIAL PROPERTY legal categories that must be registered.
2. Confirming that the trademarks or commercial notices do not conflict with legal provisions.
3. Performing a CORRECT CLASSIFICATION OF GOODS AND SERVICES.
4. Conducting FEASIBILITY SEARCHES based on what is registered in the National Trademark Database.
5. Outlining possible scenarios based on what will be submitted to the Mexican Institute of Industrial Property (IMPI) for review.
6. Preparing a Portfolio of Trademark and Commercial Notice Assets
7. Developing and implementing comprehensive Registration Feasibility Strategies.
8. If necessary, creating distinctive signs (words and designs).
9. Correctly filing Official Applications with IMPI.
10. Correctly completing Official Forms.
11. Following up on the specific case through completion of the review, taking the necessary steps for a prompt resolution.
PROCEDURES RELATED TO FILES OR REGISTRATIONS:
12. Drafting filings related to registration processing.
13. Drafting responses to official notices.
14. Preserving and managing your Rights.
15. Properly safeguarding officially recognized RIGHTS, preventing acts of unfair competition.
16. Periodically reviewing registrations to verify IMPI’s actions do not harm the legal standing of the distinctive signs.
17. Implementing business practices that do not infringe on the rights of third parties.
Each case is handled individually, which is why a Comprehensive Protection Strategy is developed for every specific situation. The premise is to confirm the sign does not conflict with legal provisions, while also correctly interpreting Phonetic Searches.
What legal categories must be registered?
A) TRADEMARKS
A TRADEMARK is a VISIBLE SIGN, capable of IDENTIFYING AND ASSOCIATING images, shapes or words with a SPECIFIC PRODUCT OR SERVICE, which functions as a differentiating element in commerce.
THE FOLLOWING SIGNS MAY CONSTITUTE A TRADEMARK:
A) WORDS AND VISIBLE FIGURES
B) THREE-DIMENSIONAL SHAPES (Product packaging)
C) COMPANY NAMES and business establishment names (provided they do not conflict with the Law and no identical or similar registrations exist, SUBJECT TO REVIEW).
D) PROPER NAMES of individuals.
A trademark allows the consumer to identify one manufacturer’s product or service from those of the competition. If the consumer was drawn in by the brand and its quality, THEY WILL RETAIN A PSYCHOLOGICAL CONNECTION TO THE BRAND AS A WHOLE, giving rise to the possibility they become a regular customer, or even recommend it within their social circles — THE BRAND THUS ACQUIRES ITS OWN VALUE, WHICH MAKES IT ESSENTIAL TO SECURE THROUGH REGISTRATION, WITH EXCLUSIVE RIGHTS.
Using a trademark without REGISTRATION does not mean you have no RIGHTS at all; however, the EXCLUSIVE RIGHT OF USE is only obtained through registration granted by IMPI. Obtaining a Registration Number, issued by the Mexican Institute of Industrial Property, grants you the following rights:
1. The exclusive right of use throughout the national territory, over the words, designs and concepts that make up the distinctive signs for the listed products or services.
2. The ability to grant use and exploitation of the registrations to third parties, through legal instruments such as Licensing and Franchise Agreements, with public recognition.
3. Preventing a third party, without prior consent, from exploiting an identical or confusingly similar sign anywhere in the national territory, using the Legal Protection Tools set out in the Industrial Property Law.
4. Filing a civil claim for Damages, subject to prior recognition by the relevant Administrative Authority.
5. Displaying the ® or M.R. symbols.
PROPERLY REGISTERING YOUR TRADEMARK GIVES LEGAL CERTAINTY TO YOUR BUSINESS ACTIVITIES, HELPS AVOID INFRINGING ON THIRD-PARTY RIGHTS, AND PROVIDES OFFICIAL BACKING ISSUED BY THE FEDERAL AUTHORITY. IT IS PART OF PROFESSIONALIZING YOUR PRODUCTS OR SERVICES, LENDING CREDIBILITY TO YOUR BUSINESS AND VALUE TO YOUR IDEAS. THE ONLY WAY TO PROTECT YOUR BRAND IS THROUGH REGISTRATION.
B) COMMERCIAL NOTICE (SLOGAN)
This form of protection is essentially SLOGAN protection; “Commercial Notice” is the legal term used for this type of advertising asset. It refers to PHRASES OR SENTENCES INTENDED TO ADVERTISE COMMERCIAL, INDUSTRIAL OR SERVICE ESTABLISHMENTS OR BUSINESSES, OR PRODUCTS OR SERVICES, TO DISTINGUISH THEM FROM OTHERS OF THEIR KIND.
The process for obtaining exclusivity is similar in nature to trademark protection: confirming the phrase does not conflict with the Law, verifying it does not infringe on the recognized rights of third parties, and developing a feasibility strategy.
The COMMERCIAL NOTICE is a tool focused on improving the commercial performance of products and services by creating a conceptual angle built around wordplay — A PHRASE THAT ACQUIRES ITS OWN VALUE. It should therefore not be taken lightly, as it is a LEGAL ASSET THAT DESERVES PROTECTION.
Just as with TRADEMARK REGISTRATION, a MONOPOLY is created over the phrase as a whole and its message. Properly protecting these intangible assets is a short-, medium- and long-term investment that will provide personal benefits and help avoid conflicts with third parties. It’s about GENERATING COMMERCIAL ADVANTAGES, BACKED BY OFFICIAL REGISTRATION.
REGISTER YOUR TRADEMARK TODAY — CLICK HERE, we’re at your service>>
