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ICLG Trade Marks 2018

Author:Mr Alonso Camargo and Daniel Sánchez
Profession:OLIVARES
 
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1 Relevant Authorities and Legislation

1.1 What is the relevant trade mark authority in your jurisdiction?

The relevant authority is the Mexican Institute of Industrial Property (IMPI).

1.2 What is the relevant trade mark legislation in your jurisdiction?

The most pertinent legislation is the Industrial Property Law (IPL).

2 Application for a Trade Mark

2.1 What can be registered as a trade mark?

In accordance with article 89 of the IPL, all visible signs can be protected, provided that they are sufficiently distinctive and able to identify the products or services to which they apply or intended to apply with respect to those in the same class.

2.2 What cannot be registered as a trade mark?

Olfactory and sound trade marks cannot be protected in Mexico. The limitations as to what cannot be protected as a trade mark are established in article 90 of the IPL, which is a list of prohibitions and the only legal source for rejecting a trade mark application. These prohibitions include:

marks that are identical or confusingly similar to previously registered marks or marks for which registration is pending or applied to the same or similar products or services; descriptive and generic marks; geographic indications and names of places that are characterised by the manufacture of certain products; and three-dimensional forms of common usage, or because said form is imposed by its nature or industrial function. 2.3 What information is needed to register a trade mark?

The following information is required:

An applicant's full name and street address, including townand country. Identification of the trade mark. Description of goods or services. Use in commerce in Mexico. Non-use basis applications are allowed under Mexican law, since use in commerce is not a requirement for obtaining registration. However, if the trade mark is already in use in Mexico, it is recommended to provide the full date (day, month and year). This first-use information becomes relevant for the applicant to be afforded priority rights over future applicants who eventually intend to challenge the registration based on use of a similar trade mark covering similar goods or services. Factory address, business address or commercial establishment (if the mark is in use in Mexico). Convention priority: if convention priority is to be claimed, it is required to provide the country of origin, application number, the date of filing and the exact description of goods and...

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