Managing IP is part of the Delinian Group, Delinian Limited, 8 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2023

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement
Expert AnalysisLocal Insights

The top two issues in designating Mexico under the Hague system

Sponsored by

flag resized-815077.jpg

Jorge Juárez of Olivares explains the requirements for applicants aiming to protect industrial designs in designating Mexico and highlights the importance of compliance with the unity of design requirement

Since Mexico joined the Hague Agreement Concerning the International Registration of Designs in 2020, applicants have been able to designate Mexico to seek protection of their industrial designs. 

This article summarises two important issues that must be considered when designating Mexico.

Recognition of the priority

When an international application claims a priority, Mexican law provides that the certified copy of the priority must be submitted before the Mexican Patent Office (IMPI) within three months after the publication of the registration in the International Designs Bulletin.

The priority must be translated, unless it is in Spanish, and the corresponding payment for the priority claim must also be submitted within three months. 

Even though IMPI participates in the WIPO Digital Access Service and has access to the platform to obtain certified copies of priorities, applicants still need to submit the translation and payment within said term. Otherwise, IMPI will not recognise the priority in Mexico.

Unity of design requirement

Under Mexican law, designs that can be identified with the same denomination, share the same new characteristics, and produce the same general impression are considered as having unity of design. 

The Hague system indicates it is possible to include up to 100 designs belonging to the same Locarno classification in a single application. 

However, when an international application does not comply with the unity of design requirement, IMPI will issue a notification of refusal requiring the division of the application to elect a single design or designs having unity, whereas non-elected designs can be protected by means of divisional applications which must be submitted directly before IMPI.


The above considerations should be kept in mind when using the Hague system to ensure that designs are properly protected in Mexico.

more from across site and ros bottom lb

More from across our site

Chris Semerjian, MacNeal Darnley and Nicolas Charest provide an overview of trade secret law in Canada and reveal best measures to protect and enforce trade secrets.
Inspired by his former team at Pure Storage, Suvashis Bhattacharya wants to reward inventors with merchandise, he tells Managing IP in an exclusive interview
IP minister George Freeman said on Wednesday that plans for a broad text and data mining exception would not go ahead and that further consultation was needed
We provide a rundown of Managing IP’s news and analysis coverage from the week, and review what’s been happening elsewhere in IP
The trademark battle over ‘MetaBirkin’ NFTs could inform future legal strategies and will provide at least some answers, whichever way it turns, say sources
The EPO BoA says the choice of format now rests with individual boards, sparking outrage from attorneys who say in-person hearings are the ‘gold standard’
Counsel at SMEs and private practice advisers say funding schemes are useful but must be backed by wider changes
Counsel welcome the Delhi High Court’s clarity on claim amendment but worry that its interpretation of the Patents Act negates statutory law
Kitchin is to hear the DABUS case before stepping down on September 29 this year
Numerous studies show that lawyers are increasingly stressed at work and looking for a way out, but law firms are still in denial