WMP Legal News: Change to “Provisions of Industrial Property Rights”

On May 18, 2018, a Legislative Decree was published in the Official Journal of Mexico amending, adding, and repealing various intellectual property provisions.

As part of these reforms, the brand term enshrined in Art. 88 has been extended and is of this day understood a trademark.

Art. 88. – A sign shall be understood as any sign perceivable by the senses and representable in a manner permitting the determination of the clear and precise subject-matter which distinguishes products or services from other types or classes on the market.

A brand is understood to mean all perceptible signs that allow a clear and precise subject of protection and distinguish products or services of the same class.

In the same way, a catalog was created for the brands that can not be registered.

Art. 90. – The following can not be registered as a trade mark:

XVI. The same or similar signs of confusion with a brand which the Instituto Mexicano de la Propiedad Industrial (IMPI) declares to be good or bad under Chapter II bis 4 of Title 4, if it is the brand whose registration is requested, could:

a) create confusion or danger of association with the owner of the known brand;

b) make unauthorized use without authorization of the known trademark;

c) cause loss of prestige of the known brand, or

d) cause an overlap with the already existing trademark.

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For more information contact our legal department: kinder@wmp.mx