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The Mexican Senate is to discuss a draft of amendments for introducing trademark opposition proceedings in the Mexican Industrial Property Law (MIPL).
As you may know different to most of countries Mexico has no opposition proceedings during trademark applications prosecution.
The main points of the draft are the following:
1. Pre-registration system (First Publication): Accordingly all trademark applications shall be published in the Industrial Property Gazette no later than ten working days as from the filing date.
2. Standing for opposition. Within a non-extendable term of one month as from the date of the publication becomes effective anybody who deems that a published application falls within the absolute or relative grounds of refusal as provided in Articles 4 and 90 of the MIPL will be entitled to submit a brief of opposition.
The brief shall be accompanied with all documentation supporting the opposition as the opponent deems pertinent, together with the proof of payment of the official fees which shall be established in the tariff of the Mexican Institute of Industrial Property (IMPI).
3. Contradictorily to the above point three rules are established for the opposition process as follows:
a. Opponent will not be recognized as a party in the opposition proceedings.
b. Prosecution of the application will not be suspended.
c. The filing of an opposition will not influence IMPI over the registrability examination of the application.