Mexico: Trademark Law to be Updated Soon

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Mexico: Trademark Law to be Updated Soon

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