NIC-Mexico sets the rules for the MX domains

NIC-México, entity in charge of registering the domain names with ccTLD mx, announced the different stages to register domain names directly under the ccTLD mx (i.e. reyesfenig.mx).

 

It is important to state that the policies to register Mexican domain names are quite liberal: they do not require domestic presence in Mexico or that the registrant owns a trademark or other intellectual property right associated to the domain name.

 

First Stage

 

The first stage is called “pre-registry”, and will take place from May 1, 2009 to July 31, 2009.

 

In this stage Nic-Mexico will receive the applications to register domain names under mx directly from those persons that already owned a domain name with ccTLD by March 1, 2009, provided that the applied domain is identical to the senior domain (original domain).

 

If Nic-Mexico receives more that one application for the same domain, the owner of the earlier original domain will have priority.

 

If the original domain is being subject if a transfer process or of a dispute under the UDRP, the registration of the applied domain under mx directly will be held in abeyance.

 

The rules provided for NIC-Mexico stipulate priority only for the owners of senior domain names with ccTLD mx. No priority or sunrise period has been provided for owner of trademarks.

 

Second stage

 

The name of the second stage is “waiting”, and it will take place from August 1 to August 31, 2009.

 

In this period, NIC-Mexico shall not receive any application for the registry of domain name under the mx directly. It will only process the applications filed in the pre-registration stage.

 

If the original domain name was subject of a transfer or to a dispute process, NIC-Mexico will reserve the applied domain name under mx directly and shall reject other applications for the same domain. El reserved mx domain may be requested after the end of the transfer process of the dispute.

 

Regrettably, the rules do not specify the term that the owner of the original domain has to request the registration of the domain with mx after the end of the transfer or after the dispute is over.

 

Third stage

 

The third stage has been named of “initial registration”.

 

In this stage, any person may apply for a domain name under mx directly, regardless the prior ownership of a domain name with ccTLD mx at a reduced fee, provided that it is not a reserved domain. The registration fee will be diminishing throughout the third stage.

 

Reserved names

 

There is a group of names that will be kept reserved, or available only for certain entities.

 

The reserved names are the following:

 

a. Names related with the structure and functions of ICANN, IANA and NIC-Mexico.

 

b. Already existing TLDs

 

c. Names with one or two letters, numbers or symbols, unless there is an original domain name existing by May 1, 2009.

 

d. Names related with technical aspects of the Internet.

 

e. Names of Mexican states.

 

f. Names temporarily reserved for being subject to a transfer or dispute process.

 

There is more information available at: http://www.registry.mx/jsf/static_content/domain/reopening.jsf.

Trademark application serial number 1,000,000

 

On April 6, 2009, the Instituto Mexicano de la Propiedad Industrial or Mexican Patent and Trademark Office (MPTO) received the trademark application serial number one million.

 

The applied trademarks is “NOVO DENT” and the applicant is Jorge Sharon Cohen Cherbowski (Mexican citizen). The trademark covers teeth whitening services.

 

Although the Instituto Mexicano de la Propiedad Industrial started working under its current structure and legal frame in 1994, the truth is that the MPTO has actually received more then one million trademark applications throughout its history.

 

For some reason I am not familiar with, the MPTO reseted the application numbers at some point in the 80’s; I am not sure if similar resets took place before. Further, the application serial numbers for trademarks do not take into account the applications for avisos comerciales or commercial slogans and for nombres comerciales or trade names, which receive separate application numbers.

 

In any case, the growing number of trademark applications handled each year by the MPTO poses a great challenge.

 

The MPTO has made significant efforts to improve its technologic capabilities and services. Although some adjustments are still required and there is no electronic filing, the new on-line services for the review of electronic files and documents deserve a special acknowledgement.

 

Of course, the MPTO is still far from being what practitioners expect from it. There are still many technical and regulation deficiencies, and examiners are often criticized for the decisions and positions they assume. In defense of the Mexican examiners, I still have to meet a trademark practitioner that is happy with the examiners of his/her own national office.