IMPI issues ‘declaration of fame’ of Red Bull figurative mark

Mexico

The Mexican Institute of Industrial Property (IMPI) has issued a 'declaration of fame' of the following figurative trademark (No 1165190):

This declaration is part of Red Bull's efforts to strengthen its marks, which started in 2010 with the declaration of fame of the RED BULL word mark (848424). Both declarations were issued pursuant to the reform of the Industrial Property Law, which was published on June 16 2005 in the Federal Official Gazette.

Under the Industrial Property Law, a mark is considered to be 'famous' in Mexico when it is known by the majority of the consuming public. A declaration of fame is an administrative act by which IMPI declares, based on the evidence provided by the trademark owner, that the conditions under which a mark is deemed to be famous are met at the time the declaration is issued.

The declaration of fame, in itself, does not constitute a right - it is only intended to recognise the fame of the mark based on the evidence provided.

A declaration of fame is based on the evidence submitted with regard to the relevant period; therefore, the declaration may state only that, at a given date, it was recognised that a particular mark was known by the majority of the general public. Red Bull has thus successfully proved to IMPI that its RED BULL marks are known by the majority of the general Mexican public.

Manuel Morante Arochi, Marroquín & Lindner SC, Mexico

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