Choose the right class for your trademark is crucial. The classification of trademarks in Mexico aims to group trademarks into different categories, according to their use and similarity.
In Mexico, trademarks are classified into two:
- Products (classes 1 to 34)
- Services (classes 35 to 45)
The product trademarks refer to those used to identify tangible goods, such as food, clothing, electronics, among others.
The service trademarks refer to those that are used to identify services, such as financial services, transportation, hospitality, among others.
How do I know if I am selling a product or service?
For example, if the intention is to sell coffee beans, we would have to look in class 1 to 34 related to products. On the other hand, we want to register your trademark for a coffee shop, we would have to search from class 35 to 45 which are service type of trademark.
The trademark classification in Mexico also takes into account the similarity between registered trademarks, since two trademarks are not allowed to be registered if they are similar or confusingly similar to each other. This is done through a research and comparison of the registered trademarks, known as a background search or phonetic search.
In Mexico the one in charge of reviewing and approving trademark registrations is the Instituto Mexicano de la Propiedad Industrial (IMPI). To register a trademark, it is necessary to file an application for registration, together with the necessary documentation, such as the trademark format, the name of the trademark holder, and a detailed description of the goods or services for which registration is requested.
Once a trademark has been registered in Mexico, it is important to keep it in force through periodic payments of fees and renewals known as Manifestation or Declaration of Use. It is also important to monitor and protect the trademark to avoid misuse or registration of similar marks.
It is important to know that trademark classification in Mexico is an important process that helps us to group and organize trademarks according to their use and similarity.
If we do not choose a mark that matches our product or service at the time of filing, we will not be adequately protecting our trademark and our application could be rejected.
This is one of the most important processes to take into account in the trademark registration in Mexico.