Details Design Registration in Mexico
Here you can mandate us to obtain design protection in Mexico. We will prepare and file your design application in Mexico. Our offer includes the fees of the intellectual property office for the application, publication and registration of your design.
A registered design right in Mexico will be established through a registration.
The maximum term of protection in Mexico is 15 years provided the registration is renewed 2 times for periods of 5 years each. The first term of design protection in Mexico will be five years calculated from the date of filing. In certain cases the date of filing starts 6 months before the actual application date in Mexico, namely if an application for an industrial design was filed in a foreign country within the las 6 months before before the application in Mexico was filed and if the priority of the foreign application date was claimed in the new application in Mexico.
Furtermore the period of full protection is only granted if the yearly maintenance fees are paid. The maintenance fees can be paid in advanced in 5 year intervalls.
A registered industrial design in Mexico provides an exclusive position: Your design registration gives you the exclusive right to use it in Mexico. You can take action against any identical or almost identical design of third parties.No other persons may use your registered design without your consent. In addition, they are not allowed to make or sell products to which your design is applied. If a person uses your registered design without your permission, you can seek injunctive relief or request destruction of the products concerned. Furthermore, you are basically entitled to claim damages.
The registered design in Mexico is an unexamined industrial property right. Neither the office nor we will examine the novelty and individual characteristic of your design
Industrial design rights in Mexiko are granted for industrial drawings and industrial models. Industrial drawings are understood to be a combination of figures, lines or colors that are added to a manufactured product, giving to it a characteristic aspect. Industrial models are three-dimensional shapes that function as a standard for the manufacture of a product, giving to it a specific appearance, without technical effects.
In Mexico multiple design applications are not regulated. Therefore, it is recommended to file one application per design.
For the registration of a design in Mexico you need:
- the name of your design: (f.e. car fender „ALKU“, Artikel.-No.1234);
- images or drawings showing only your design in front of a neutral background, please provide us with black and white pictures or technical drawings reduced to the lines of the design without any further technical information that show the design views from all possible directions (bottom, top, left, right view etc.); please note that the protection will rest on what can be seen in the views only.
- contact details of the client;
- contact details of the to be registered owner of the design right and
- if the registered owner shall be a juristical person we need a copy of the commercial register;
- name of the natural person(s) who created the design;
- a short description - if possible - of the product/design, especially if the design has specific characteristics which can not to be seen in the views;
- in case of prior design application in a foreign country please provide a copy of the office letter stating the receipt of the filing, file number and name of the patent office.
If you engage us we will render the following services :
- Preparation of the filing including selection of the classes of goods (Locarno-classification);
- Examination of the images in regard to the formal requirements (we do not review if the design has novelty and individual characteristic);
- requesting additional documents or new images;
- legal advice with regard to the filing process and documents;
- sending the prepared filing details to you for review;
- Filing the application at patent office;
- Representation of the applicant in front of the office;
- Payment of the office fee (application fee, registration fee, publication fee);
- Transmission of office documents as well as the letter confirming the application;
- Legal advice in due time in order to enable you to extend the protection of your design patent to foreign countries by claiming the priority of the prior application;
- Receipt, checking and forwarding of the registration certificate (if available) and a copy of an extract from the register;
- Receipt and transmission of all documents sent from the patent office after the registration;
- docketing and deadline, renewal time monitoring.
Our offer does not include services in regard to oppositions or office actions.
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