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The formal examination of the trademark application would start at the publication.
Upon completion of the substantive examination, IMPI will send a statement of grant of protection or an ex officio notification of provisional refusal, as appropriate, to WIPO, and also communicate its decision to the opposing party.
WIPO will transmit a copy of the notification or statement to the holder of the international registration.
- In addition, according to the proposed amendments: i.
The opponent will not be recognised as a third interested party. The examination of the application will continue alongside the opposition procedure, and the prosecution of the application will thus not be in abeyance until the opposition is decided. The MTO is not obliged to take into consideration the arguments included in the opposition in its examination.
For further information, please check here Source: int A new opposition system has been implemented in Mexico as of August 30, 2016.
The Mexican Institute of Industrial Property (IMPI) needs to publish the trademark application in the Industrial Property Gazette within 10 business days from the filing date.
An extension of this opposition period is not allowed.
After that a list of those applications that were opposed will be published in the Gazette within the following 10 business days.
The Mexican Institute of Industrial Property (IMPI) informed WIPO that the new opposition procedure, which entered into force on August 30, 2016, also applies to international registrations designating this country and subsequent designations of Mexico notified to IMPI as from that date.
IMPI will republish the international registrations and subsequent designations under the respective national filing numbers in its online Industrial Property Gazette within a maximum period of 10 working days upon receipt of such notification.
The following needs to be noted:- The opposition will not result in a suspension of the registration process.- Opposing an application does not grant the opposing party a status as an interested third party.- The opposition shall not automatically determine the outcome of the in-depth examination carried out by the MTO.- The MTO may consider in its analysis the opposition and statements made in response by the applicant.