2013年8月30日 星期五

Trademark Registration in Mexico - Frequent Asked Questions about Intellectual Property Rights - Law - International Law

In this Section You will find answers to questions about:

1- Trademarks2- License Agreements3- Patents4- Copyrights

QUESTIONS ABOUT REGISTERING A TRADEMARK IN MEXICO

1- If my trademark is already registered in my country do I still have to register it in Mexico if I want to protect my rights there?

Yes. Currently Mexico is not a member of the Madrid Protocol for trademarks.

2- Aproximately how long does it take to register a trademark in Mexico?

12 months

3- What type of trademarks can be registered?

You can register a word or group of words, slogans, symbols, logos & graphic designs, trade names, service marks, three dimensional goods that are distinctive of a trademark such as a perfume bottle or container, and combinations of all of them.

4- Why should I hire a Mexican Intellectual Property Lawyer to register my trademark in Mexico?

Protecting Your Trademarks and other intellectual property rights is not just about seeking registration.

You need to be prepared with the best legal tools to fight against piracy & infringement at any moment.

You could be entitled to every dime that the infringers have illegally pocketed, but without a Team of Lawyers specialized in Mexican Intellectual Property Law that have a deeper level of knowledge, You are in a weak position.

5- Why should I use Your services?

Unlike other online mexican trademark registration services we are an Intellectual Property Law Firm. We provide MORE than simply a registration service. We actually fight for your rights against pirates, infringers and Mexican counterfeit importers. We can help You protect any kind of intellectual property in Mexico.

We Go Further than the rest and offer you a full range of specialized legal services that include:

a- Legal Representation in Civil Lawsuits aimed at recovering financial loss caused by infringement & breach of license agreements.

b- Legally appeal to Government actions & resolutions that affect Your interests

c- Evaluate or formulate Your license agreements & technology transfer agreements. With Us You have access to a wide variety of specialized legal services in one place.

6- For how long is the trademark registration granted?

For a renewable period of 10 years.

7- How can I protect my trademark against importers of counterfeit goods?

Once your trademark has been granted registration by the Mexican Trademark Authority we can arrange official protection from the Mexican Customs Border Authority, in order to stop and prosecute infringers right at the Mexican border.

8- Why would I want to Register My Trademark with the Mexican Customs Border Authority also?

Three clear advantages of this service is that it gives You the option of CONTROLING unlicensed distributors entering the Mexican border; It also helps you STOP fake goods & counterfeit trademarks of your products entering the Mexican Market; and it will help prosecute infringers right at the border.

QUESTIONS ABOUT LICENSE AGREEMENTS & TECHNOLOGY TRANSFER AGREEMENTS

1- Why is it important to register my current or future license agreements?

To prosecute unlicensed distributors of your trademark, infringers of your trademarks and licensed partners that breach the agreement.

2- What kind of intellectual property agreements can i Register with the Mexican Authorities?

Trademark license agreements, copyright license agreements, patent license agreements, import-distribution license agreements and technology transfer agreements.

3- Do I First need to register my trademark in Mexico in order to create valid license agreements in Mexico?

Once we submit your registration You can start creating license agreements.

4- Can You help me if my business partners in Mexico breach the license agreements?

Yes. We can apply a variety of effective legal strategies.

5- Can You help me build a strong license agreement?

Yes. We can also evaluate your current license agreementsLearn more at

QUESTIONS ABOUT PATENTS AND INVENTIONS

1- If I have a USPTO Patent do I also have to seek protection in Mexico?

If You filled Your utility patent application with the USPTO under the Patent Cooperation Treaty option, there is no need to apply for a patent in Mexico.

In case you did not filled for the PCT option, you will then have to apply for a Patent in Mexico if you want to protect & license your invention in this country.

2- What can I do if I start having legal problems with my Patents in Mexico?

If You discover that someone is infringing your Patents, Industrial Secrets, Utility Models or breaching Your License & Technology Transfer Agreements in Mexico we can legally prosecute and help You recover your financial loss.

3- I have the rights to a New Vegetable Variety or Plant Patent in my Country. Do I need to protect it in Mexico?

If You have previously obtained the rights to a vegetable variety in the United States or another country, You will also need to obtain the Vegetable Varieties Obtainer Title from the Mexican Government in order to protect your vegetable variety invention against infringement.

We can help You obtain Your Vegetable Variety Title in Mexico and evaluate or create a strong Technology Transfer Agreement.

QUESTIONS ABOUT COPYRIGHTS

1- What is considered a Copyright in Mexico?

Copyrights are defined under Mexican Law as "Authorship Rights" and can protect original works of authorship, computer software, movies, videos, music, songs, novels, artwork, poetry and original databases among other forms of authorship.

2- How can I protect my Copyrights in Mexico?

Most copyrights that are registered in the United States are also protected in Mexico. However, Copyright License Agreements that transfer exclusive or non exclusive rights must obtain registration in Mexico.

We can help you register your copyright license agreements and prosecute infringement.

For a complimentary initial consultation or if You have any questions You can contact us Today at





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