Industrial property attorneys in Mexico

An attorney specializing in industrial property law advises and represents individuals and companies in matters governed by this field. In practical terms, it is a matter of federal jurisdiction, so it is governed by federal laws and heard before district courts. Cases are resolved mainly before administrative bodies and tribunals. The central applicable rule is the Federal Law for the Protection of Industrial Property.

The main applicable provisions are: Federal Act for the Protection of Industrial Property; Regulations of the Mexican Institute of Industrial Property; Paris Convention for the Protection of Industrial Property; Patent Cooperation Treaty (PCT); Protocol Relating to the Madrid Agreement (international registration of marks); Agreement between Mexico, the United States and Canada (USMCA), intellectual property chapter. A lawyer with experience in the field interprets how these rules combine in your specific case and which judicial criteria are relevant.

Yes. In matters of industrial property law it is common to resort to the amparo proceeding (a constitutional remedy protecting fundamental rights), governed by the Amparo Law, when an act of authority violates fundamental rights or unconstitutional rules are applied. Amparo has strict deadlines (generally 15 business days), so it is advisable to act quickly.

Each registration incurs an IMPI official fee per class of product or service, in addition to professional fees; patents add the cost of the draftsman and the maintenance annuities. Infringement litigation is charged per stage or with a retainer. Be wary of anyone who promises 'worldwide protection' with a single procedure: industrial property is territorial and each country requires its own registration. Modalidades habituales: igualada mensual, cobro por hora, cuota litis (porcentaje sobre el resultado) o esquemas mixtos. En Letrados.mx nuestros abogados te explican sus honorarios por adelantado.

An industrial property law matter allows for some preparation, but it is wise not to let the deadlines run out. Even so, the sooner you get guidance on your industrial property law case, the more options you will have.

Suele pedirse: The trademark's name or logo and the list of products or services (Nice Classification); Technical description, claims, and drawings of the invention (patents); Proof of payment of the IMPI official fee; Priority document if a foreign application is claimed; Articles of incorporation or identification of the rights holder; Power of attorney for administrative acts in favor of the lawyer or agent. No te preocupes si te falta alguno: el abogado te indicará cómo obtenerlo.

Yes. In industrial property law we handle many cases involving foreigners and Mexicans living abroad. We can connect you with lawyers who speak English and other languages and who deal with cross-border matters, remote procedures and powers of attorney.

Verify their cédula profesional (professional license) in the SEP's Registro Nacional de Profesionistas (National Registry of Professionals), confirm that they have concrete experience in industrial property law —being a general attorney is not enough— and ask them to explain the strategy and fees in writing before administrative bodies and tribunals. Every industrial property law attorney at Letrados.mx has a verified cédula profesional.

Trademark registration, after a prior-art search, is applied for before the IMPI; there is a publication period for oppositions, and the procedure usually concludes within several months if there are no objections. A patent may take years to be granted owing to the substantive examination. Un abogado de derecho de propiedad industrial puede darte una estimación realista tras revisar tu caso.

Yes. At Letrados.mx the first assessment of your industrial property law case is normally free of charge. Describe your case and a lawyer who specializes in industrial property law will review it and advise you before you decide whether to move forward.

Yes. We handle industrial property law cases in all 32 states of Mexico. When you indicate your state and city, we assign you a lawyer who knows the local courts and rules that apply to an industrial property law matter.

Ten cuidado con: Offers to 'register your trademark worldwide' with a single procedure in Mexico; Skips the prior-art search and applies blindly, risking rejection and the fee; Confuses trademark registration with reservation of rights or copyright; Fails to warn about the declaration of use or the patent annuities; Guarantees the granting of a patent before the IMPI's substantive examination. Un abogado serio te da certidumbre por escrito y nunca garantiza resultados imposibles.