Mexico: Coverage of class headings

It has recently become common in Mexico to be more specific with the descriptions of products and/or services when filing a trade mark application, making it more unusual to apply for the class headings.

This practice of applying for the class heading has changed due to the fact that the classification criterion at the Mexican Trademark Office (TMO) has become stricter. For example, certain general indications such as "parts and fittings" are required to be specified. Likewise phrases similar to "all goods in Class X" are no longer accepted by the TMO.

It has been interpreted that the class headings only cover the goods or services specifically mentioned in the each of the class headings and that all the general indications of a particular class heading does not means that all the goods in the class are included in the requested protection.

Before, it was a common practice to apply for the class headings and obtain broadest protection of goods and services since it was easier and a tactic to avoid unnecessary official actions from the examiner requesting to specify products, because it was understood that the class headings covered all goods/services included in the class even though they were not specifically designated in the description.

Now, the practice is the contrary: a trade mark registered for the class heading is understood to cover the exact goods/services listed or any product or service that could be logically interpreted as falling under the literal meaning of the class heading.

In any event, the detailed alphabetical list of goods and services should be consulted to determine the precise classification of each product or service for which the mark is to be registered in Mexico and also in order to permit the TMO examiners to define or accept the extent of protection as described and to try to avoid unnecessary classification requirements.

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