Features

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.

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Issue 71