IMPI publishes guidelines for filing applications through online gateway

Mexico

On September 20 2012 the Mexican Institute of Industrial Property (IMPI) published the following agreement in the Federal Official Gazette:

"Agreement establishing guidelines for the filing and receipt of the types of application indicated below through the payment and electronic services gateway (PASE) before the Mexican Institute of Industrial Property."

The payment and electronic services gateway is available on IMPI's website.

The agreement establishes that the filing of applications through the gateway is an additional option for users interested in applying for the registration of:

  • trademarks;
  • collective marks;
  • trade names;
  • slogans; or
  • industrial designs.

The unit responsible for processing applications for trademarks, collective marks, trade names and slogans is the Trademark Divisional Management Office; applications for industrial designs are processed by the Patent Divisional Management Office.

The agreement establishes that applications filed through the payment and electronic services gateway will have the same legal effect as those that have been signed, and will have the same probative value as the legal provisions applicable to signed applications.

For the purpose of the filing of an application through the payment and electronic services gateway, all 24 hours of the working days established by IMPI will be considered to be business hours. Moreover, the agreement states that, if an application is filed on a non-working day, it will be officially recorded as having been filed on the next working day. In addition, fees must be paid by electronic transfer through the payment and electronic service gateway.

The agreement entered into force on September 21 2012. The payment and electronic service gateway is operational for the filing and receipt of applications for the registration of trademarks, collective marks, slogans and trade names as of September 28 2012. In addition, the filing and receipt of applications for the registration of industrial designs will be operational as of November 5 2012.

Manuel Morante, Arochi Marroquín & Lindner SC, Mexico

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