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Design registration in Mexico

In Mexico, design protection is available through the registration of industrial designs, which include both industrial drawings (2D elements like patterns or lines) and industrial models (3D shapes or forms). The protection is granted by the Mexican Institute of Industrial Property (IMPI) and ensures exclusive rights to the visual appearance of a product, independent of its function.

Key Features of a Design Patent

• Types of Designs: Industrial drawings and models.
• Novelty Requirement: The design must be new and not previously disclosed.
• Examination: A formal and substantive examination is conducted.
• Protection Term: Initially 5 years from the filing date, renewable every 5 years up to a maximum of 25 years.
• Rights Conferred: Exclusive right to use the design and prevent unauthorized reproduction, sale, or use.
• Publication: Designs are published 18 months after the filing date unless an early publication is requested.

When and Why to Register a Design Patent?
Registering a design patent is advisable before disclosing the product to the public to ensure novelty. It is particularly valuable when visual design plays a key role in market appeal and brand identity, such as in fashion, packaging, consumer electronics, and home goods. Registration not only helps secure a competitive edge by protecting distinctive designs but also adds value to a business’s IP portfolio and facilitates licensing or franchising opportunities.

Design protection in Mexico is relatively affordable and offers long-term benefits, especially for businesses looking to expand or export. Early registration is a proactive step to safeguard your design assets in a growing and design-conscious market.

The unique appearance of your product can be protected by a design patent in Mexico to prevent copying and unauthorized use. A design patent grants the same rights as an invention patent, allowing you to control the patented design, profit from it, and take legal action against unauthorized users.

Key Features of a Design Patent

Registration Requirements: The design must be purely visual, unrelated to the functionality of the product, and an integral part of it.

Simplified Protection Procedures: To determine infringement of your design rights, the court only needs to compare the appearance of your product with that of the opposing party.

In general, registering a design patent is easier and more cost-effective than other forms of patent protection.

When and Why to Register a Design Patent?

To file an application for registration in Mexico, you need to gather several documents:

• A detailed description and title of the design.
• Images of the product from different angles and in various formats, along with their descriptions.
• An application for registration.
• Confirmation of your identity and applicant information.
• Receipts for paid application fees.

However, patenting the design itself may not always be advisable. In some cases, securing copyright for the image or registering a trademark, including the product design as a distinctive feature, may be better options. Additionally, there is a specific type of patent for industrial design.

To determine whether it is worth registering the design separately in your case and to prepare the necessary application documents, consulting with a lawyer is recommended. While you can handle the process yourself, working with a professional significantly simplifies it.

Who to Consult for Design Patents?

Find a lawyer to work with comfortably on the iPNOTE platform. We have a vast database of providers from Mexico and around the world.

We manually verify licenses and credentials to ensure the competence of each specialist and company.

In the provider's profile, you can see reviews from previous clients who have worked with them.

You are guaranteed to find a qualified lawyer to handle your task. The maximum search period is 48 hours.

Our providers' services are typically 2-5 times more affordable than those of major firms.

iPNOTE protects your interests — you can even change the provider after starting the work and request a refund if the collaboration result does not meet your requirements. Register on iPNOTE and easily delegate the handling of intellectual property matters to professional lawyers.