Intellectual Property Amendments

After the Mexican Congress passed the Amendments to the Industrial Property Law, today´s Official Federal Gazette includes such reforms and modifications, same that will come into force after 60 working days as of today.

Amendments include key changes to Mexico´s IP legal framework on trademarks. The following are the most important aspects of these amendments to be taken into consideration by national and foreign parties interested in the protection or already holding IP exclusive rights in Mexico:

(i) Enhancement of the signs that may constitute a trademark (now protection covers non-traditional marks);

(ii) Improvement of protection afforded to famous, well-know and collective marks;

(iii) Improvements and modifications to the existing opposition proceeding are also included;

(iv) Inclusion of certification marks within the existing legal framework; (v) Secondary meaning is introduced, allowing descriptive terms, to achieve exclusive protection;

(vi) Mechanisms to overcome trademark objections through letters of consent is also introduced;

(vii) Introduction of the obligation to prove trademark use every three years and automatic cancellation of a trademark if its owner fails to comply with such relevant obligation;

(viii) Introduction of a trademark invalidation cause if it was “obtained” in bad faith.

As can be expected, changes will came along with procedural modifications and additional government fees for Mexican Trademark Office’s intervention in such new processes.

For a better understanding of what these amendments entail, please feel free to contact us, we will be glad to provide an accurate assessment on the impact of new provisions to your Mexican IP portfolio.

Mexico City, May 18, 2018