SC considers legal interest to bring non-use cancellation proceedings
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The Second Chamber of the Supreme Court of Justice has considered the legal interest necessary to initiate proceedings to obtain an administrative declaration of invalidity of a registered trademark on the grounds of non-use before the Mexican Institute of Industrial Property (IMPI).
The court established that, in order to initiate proceedings to obtain an administrative declaration of invalidity on the grounds of non-use, the applicant must be the holder of a legal interest. This necessarily excludes those who have no more than a simple interest.
Therefore, according to the decision of the Second Chamber, the legal interest to initiate an action for cancellation of a registered trademark of the grounds of non-use does not necessarily derive from a subjective right. Individuals who have a right that is enforceable against third parties may also have a legal interest - that is, if a party applies to register a trademark, but an identical or confusingly similar trademark is already registered with IMPI, then the applicant automatically has a legal interest to bring proceedings to obtain an administrative declaration of invalidity of that mark on the grounds of non-use.
Roberto Arochi, Arochi Marroquín & Lindner SC, Mexico
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