Ministerio de Industria, Turismo y Comercio LogoMinisterior
 

Frequently Asked Questions Industrial Property

No. All applications are processed under the strictest confidentiality until they are published.

The right to obtain protection belongs to the party who submitted the application first, provided that this application is successful.

This is why, when an industrial property right is requested, it is assigned a submission date and time, including the hour and minute.

In response to an application for Industrial Property Rights, whether for a Patent, a Trademark or a Design, it is possible for third parties to “oppose” granting.

To do this, the corresponding document must be submitted to the SPTO, and this will be sent to the applicant affected by the opposition. The applicant will have the opportunity to respond to same.

In view of the oppositions submitted by third parties and the corresponding allegations provided by the applicant, the SPTO will issue a written determination.

After the deadline for responding to the failure notification of the corresponding procedure, whether or not the applicant replies, the SPTO resolves the matter through a written determination, and the application may be denied wholly or partially, depending on the nature of the defect.