Latin America

Trademark Law changes in Mexico

Posted on 04/05/2018 by balder

Spain

Whereas on 27 April 2018 the changes already accepted in the Mexican Trademark Law regarding Geographical Indications and Industrial Designs entered in force (please refer to the following article published on 21 March 2018: http://balderip.com/en/amendments-to-mexican-industrial-property-law/), we would now like to inform about the future changes in connection with trademarks. It is, however, important to mention that they are currently in stand-by and have not become effective yet. These changes have still to be ratified by the President of the Senate and thereupon published in the Official Gazette.

For your ease of reference, we previously facilitate a summary of the main amendments:

  • Sound, Scent and Hologram marks will now be allowed to be registered.
  • Copyrights and their elements will not be allowed to be registered as trademarks unless it is requested by the rightful owner.
  • Consent agreements will now be allowed.
  • Descriptive marks and non-distinctive trade dresses will be registrable upon demonstrating their acquired distinctiveness.
  • Certification trademarks will now be accepted.
  • A two-day term for pleadings in opposition procedures will be provided.
  • The oppositions will be mandatorily considered by the authority, but not prejudged on the substantive evaluation.
  • The authority will be compelled to issue resolutions legally supported in opposition procedure.
  • It will be mandatory to file use declarations under oath every three years. (Up to this moment, there is no indication what kind of evidence will be required or the costs of such procedures).
  • The lack of filing declarations of use leads to the cancellation of a trademark registration.