MEXICO Law and Practice Contributed by: Victor Adames, Carlos Hernandez, Paola Becerril and Eduardo Saldaña, BC&B Law & Business
• Review recourse: An optional remedy that must be filed before IMPI (for trade marks). It will be resolved by the hierarchical superior of the government official who issued the deci - sion. This recourse must be submitted within 15 working days from the date the refusal was served. • Nullity appeal: This appeal must be filed before the FCAA. It must be submitted within 30 working days from the date the refusal was served. • Amparo appeal: The decision issued by the FCAA can be challenged through an amparo appeal filed before the FCC. This remedy must be submitted within 15 working days from the date the FCAA’s decision was served. The ruling issued in this instance is final and not subject to further appeal. In Mexico there is no expungement or re-exam - ination procedure available. If a trade mark or a copyright have been cancelled, an appeal against said decision must be filed or a new application must be filed in order for re-exam - ination. 5.3 Ability to File an Opposition or Revocation/Cancellation Any person who may be affected by the regis - tration of certain trade mark may file an opposi - tion against a published application. The gov - ernment fees associated with an opposition are MXN4,300. According to the FLPIP, any cancellation action for trade mark registrations can be initiated either: • ex officio by IMPI; or • by any third party with sufficient legal stand - ing, such as in cases where in an application IMPI cites an earlier registration as antici -
pation, and its cancellation is necessary to proceed with the registration process or in cases where a new registration was granted disregarding the provisions of the FLPIP or a prior existing application or registration. Similarly, the FCL establishes that cancellation actions for copyright registrations can be initi - ated: • ex officio by the INDAUTOR; or • by any third party with sufficient legal stand - ing to do so. 5.4 Opposition or Revocation/ Cancellation Procedure The opposition procedure in Mexico begins with the filing of the corresponding writ, which must be filed within one month following the publica - tion of the application. IMPI will study the argu - ments raised in the opposition and, following the termination of the formal examination, will issue an office action expressing any possible refusals of registration that could be in terms of the opposition filed and will inform the applicant of the same in order for the latter to respond to such official action and the opposition. The opposition will be resolved through motion prac - tice and after the opposition is responded to by the applicant, IMPI will open an allegations stage so that applicant and opponent may raise their final arguments. The revocation/cancellation actions regarding trade mark registrations can only be brought before IMPI; however, later appeals will be resolved by IMIPI or both the FCAA and the FCC. On the other hand, the revocation/cancellation actions regarding copyright registrations can only be brought before the FCAA; however, the later appeal will be resolved by the FCC.
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