Aiming for fame in Mexico

By Gloria Niembro and Eduardo Castañeda

In 2005 amendments to the Mexican Industrial Property Law designed a procedure for declaring the well-known character of a mark. A recent judicial precedent contributes to the understanding of how these amendments have been interpreted

The statutory recognition of a well-known trademark in Mexico dates back to 1994, when the Industrial Property Law was enacted. This defined the term ‘well-known mark’ for the first time and prohibited the registration of a trademark that the Mexican Institute of Industrial Property (IMPI) considered well known. Moreover, it stated that recognition of a mark’s well-known character could be obtained only through litigation. The law did not include a specific regulation for well-known trademarks, making it necessary to seek guidelines and conform to the international treaties to which Mexico has become a party, such as the Paris Convention for the Protection of Industrial Property, the Agreement on Trade-Related Aspects of Intellectual Property Rights and the North American Free Trade Agreement.

This part of the website has now moved to the subscriber area. To read more, please pick an option below.

Register to access two articles per month

Subscribe for unlimited access to articles, in-depth analysis and research from the World Trademark Review experts

Already registered? Log in

What our customers are saying

The searchable online World Trademark Review database is a valuable research tool.

IP director
Maus Frères/Lacoste


Subscribe to World Trademark Review to receive access to the full range of trademark intelligence, insight, and case law, as well as our guides, rankings and daily market insight delivered to your inbox.

Why subscribe?


Register for more free content

  • Read more World Trademark Review blogs and articles
  • Receive the editor's weekly review by email
Register now  
Issue 71