Mexico's Industrial Property Law has undergone a substantial renovation with the aim of equating it with common grounds in foreign legislations, as we announced in our previous newsletter. We are now able to confirm that the second part of the amendments to the Mexican Industrial Property Law, focusing on trademarks, was approved on Friday, May 18, 2018 and will come into force on August 10, 2018.
We consider the following changes of special interest to our foreign and local clients:
Non-traditional trademarks are now allowed, including significantly trade dress and generally any sign perceived by the senses such as sounds, scents, holograms or combinations of different types of marks.
Applications for registration must now identify specific products or services.
Secondary meaning is recognized as a means of acquiring trademark protection.
Certification Marks are introduced, and the regulation of Collective Marks is expanded and improved.
A trademark registration may be declared invalid if obtained in bad faith.
The text expands bars to registration and includes language prohibiting false representations or false designations of origin.
Trademark ownership will be tied to proof of use 3 years after the granting of a trademark and upon its renewal: the registration will lapse automatically if the declaration is not filed.
Coexistence agreements are expressly admitted, thus ending the current practice of having trademark owners depend on the Mexican Patent & Trademark Office’s volatile opinion on their validity.
The recently established opposition system undergoes a significant change and will now be legally binding to the MPTO.
At AXKATI we look forward to clearing up any doubts and advising our clients on the best strategies to comply with our renewed Industrial Property Law. Do not hesitate to contact any of our partners on this subject, they will gladly assist you.
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