WIPO-administered Treaties:
Contracting Party of The Hague System: YES.
Applicable Law:
Federal Law under protection of Industrial Property (published in the official Journal on 1st of July 2020), in force since 5th of November 2020
TRIPS
Grace period for filing applications, from disclosure:
12 months.
Multiple design applications -one application for different embodiments-available:
YES, provided that that the different embodiments share the same general visual characteristics (unity of Invention).
However, this is reviewed during the substantive examination stage. If the examiner determines that the embodiments correspond to different designs, even if they share the same visual characteristics, the applicant is required to divide the application.
Formal filing requirements:
Power of Attorney. Merely signed (2 witnesses) 60 days from Office Action.
Assignment Document. If applicable. Merely signed (2 witnesses) 60 days from Office Action.
Priority Document. If applicable. 60 days from Office action. Spanish translation required.
Formal Drawings.
Specification
Locarno classification:
YES.
Deferred publication:
Not possible.
Registration Proceeding Outline:
Filing. Formal examination. Publication. Technical examination. Notice of grant. Renewal
Opposition:
NO.
Nullity proceedings are possible after granting.
Average time from filing to grant:
12 – 18 months.
Term of Protection and Maintenance:
5 years, plus renewal terms of 5 years each, up to a maximum of 25 years.
