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Mexico- Amendments To The Industrial Property Law: Trademarks

Author:Mr José Hinojosa Cuéllar, Martín Michaus Romero, Eduardo Kleinberg Druker, Adolfo Athie, Claudio Ulloa Escobedo, Jorge Vega Sotelo and Juan Carlos Hernandez
Profession:Basham, Ringe y Correa, S.C.

Amendments to the Industrial Property Law, were published in the Federal Official Gazette on May 18, 2018 and will enter into force on August 10, 2018. The changes are as follows:

Non-Traditional trademarks: Sound, olfactory and holographic trademarks can be registered. Trade Dress: The amendment introduces the possibility of registering the plurality of operative elements and image elements for distinguishing products or services in the market, such as trade dress. Secondary Meaning: Trademarks that have acquired distinctiveness derived from their use may be registered, such as marks that would otherwise refused on the basis of being descriptive. Bad faith: Introduces bad faith as an impediment for the registration of a trademark. Bad faith is defined as: when the registration is requested against the good practices, uses or customs of the Industrial Property System, commerce and industry, or when an improper benefit or advantage is sought. Bad faith is introduced as a ground for the nullity of a trademark registration. Such action may be exercised at any time.

Declaration of Use: It is introduced the obligation to file a Declaration of Use, within 3 months after the three years of registration. This is an on-time declaration. If such declaration is not filed the trademark will lapse. Opposition System: The examiner will be compelled to take into account an opposition. Evidence may be submitted and subsequently arguments may be filed, within a period of 2 working days. However, the...

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