Mexico and the United States have reached a preliminary agreement to raise standards of enforcement of intellectual property rights, according to the Office of the US Trade Representative (USTR). The Agreement appears to toughen the requirements for internet service providers in protecting against copyright theft and extend copyright terms. Source: Intellectual Property Watch
Effective August 10, 2018, recent amendments to the Mexican Industrial Property Law come into full force. The amendments require trademark owners to file declarations of use (DU) for the following: Registrations to be renewed Those turning three years from grant date
On May 18, 2018 the Mexican government published the Decree on Amendments to the trademark law in the Official Journal of the Federation. The modified law will not limit the right to file a trademark application to “industrialists, traders or service providers” only. As a result of these changes any natural or legal person will be able to have their trademarks registered. The updated law stipulates and broadens the term “trademark” so that it will apply exclusively to visible aspects. Going forward a trademark may be any mark perceptible by senses. This means that applicants will be able to register non-traditional marks, such as sound, smell or hologram. It will also be possible to register the trade dress, certification marks, generic or descriptive trademarks as well as trademarks consisting of proper names, commercial names, names of physical persons, letters, digits, figurative elements, combinations of colors and three-dimensional shapes. Another important Amendment is that the letters of consent on the coexistence of trademarks, being confusingly similar, will be recognized by the Mexican Institute of Industrial Property (IMPI). As soon as the trademark is registered for three years, its owner will be obliged to file a declaration of the trademark’s real and continued use within three months of the said term. Otherwise, the trademark will automatically be considered as lapsed. Source: www. ip-coster.com
The implementation of the opposition system in Mexico entered into force on August 30, 2016. It is expected that this new system will create a more interactive environment between trademark owners and lead to more accurate decisions by the trademark examiners. The new opposition system is a great opportunity for filing information, evidence, and documentation that will allow the MTO to better assess the registrability of a distinctive element in a new application, and lessen the possibility of the MTO granting a new registration that could infringe or jeopardize previously granted right Some highlights of the new system include: Following receipt of the trademark application, the Mexican Trademark Office’s (MTO) shall proceed, within 10 business days, with its publication in the IP Gazette. Anyone who considers that a trademark application violates the Industrial Property Law provisions will have the opportunity to file an opposition within one month of the date of its publication in the Gazette. No extension of the one month opposition period is allowed. After the one month opposition period expires, a list of those applications that were opposed will be published in the Gazette within the following 10 business days.
The Mexican Institute of Industrial Property (IMPI) has announced an increase in its official fees ranging from five to ten percent for services. The increase became effective on January 1, 2016. The fees for filing a trademark increased by 6.7%, and by 8% for trademark renewals. The fees for filing utility models and industrial designs increased by 5.1%. The new official fee for filing a trademark is: MXN 2,457.79.