Mexico

USPTO ends specimen protest email; New York Times drops Time lawsuit; UK debut for Amazon Fresh – news digest

In our latest round-up, we look at a groundbreaking report on IP in Mexico, INTA holding events marking International Women’s Day, Apollo acquiring craft retailer Michaels, and much more.

USPTO ends specimen protest email; <em>New York Times</em> drops <em>Time </em>lawsuit; UK debut for Amazon Fresh – news digest
The notorious markets you need to have on your policing radar
18 Jan 2021

The notorious markets you need to have on your policing radar

The latest USTR list provides crucial intelligence for rights holders, with eight new physical markets added.

Gender pay gap reports a necessary diversity tool for Latin American law firms, experts urge
4 Dec 2020

Gender pay gap reports a necessary diversity tool for Latin American law firms, experts urge

While most firms ensure that no specific role is paid differently due to gender, a gender pay gap report lays bare whether a firm has men over-represented in the highest-earning positions.

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11 Mar 2021

How to demonstrate acquired distinctiveness in Mexico

Acquired distinctiveness is a concept that has only recently been introduced into Mexican trademark law. Here is all you need to know about proving it in trademark applications. Read more

4 Jan 2021

Fame in South America: how to establish and wield well-known status

Renown is a powerful tool for trademark practitioners, but when seeking to establish and utilise it in Central and South America, local nuance is all important. Read more

12 Dec 2020

Why Mexico needs clearer publicity rights

With image rights protected mainly by the Federal Copyright Law, the overlap between an individual’s right to control use of their image and the automatic copyright established on behalf of an author can lead to courtroom conflicts. Read more

3 Dec 2020

Partial cancellations under the new Mexican IP law

One of the most significant changes brought about by the new Federal Law for the Protection of Industrial Property is the introduction of partial cancellation actions, which should bring several benefits to the Mexican IP system. Read more

Anti-Counterfeiting

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6 Jul 2020

Why Mexican rights holders may need to take the law into their own hands

With softened criminal penalties and agencies powerless to initiate their own seizure proceedings, brand owners should make a concerted effort and the best use of the remedies available to protect their marks in Mexico. Read more

12 May 2020

Mexico IP office's new online platform; Daren Tang appointed WIPO director general; INTA mental health webcast – news digest

In our latest round-up, we look at Puma’s Olympics trademark application being rejected, Aon launching an IP risk platform, the Spanish Patent and Trademark Office creating a coronavirus time capsule, and much more. Read more

23 Apr 2020

Procedures and strategies for anti-counterfeiting: Mexico

There are several legal instruments available which carry significant benefits to those who choose to fight back and protect their intangible assets. Read more

17 Mar 2020

Trademark procedures and strategies: Mexico

The current administration is planning on reforming the current legal framework. Read more

Brand management

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1 Dec 2020

How Mexico is on the case when it comes to well-known trademarks

Mexico’s participation in various free trade agreements and recent update of the Industrial Property Law make it a jurisdiction worth considering when seeking to establish and utilise renown for a trademark in the region. Read more

29 Sep 2020

Brands less important to consumers demanding social improvements, report reveals

Brandwatch has released the results of a survey of consumer perception on brand purpose in the light of the coronavirus pandemic. Read more

8 Jul 2020

Key requirements for trademark licensing in Latin America and the Caribbean

When creating a regional licensing programme, understanding the nuances of the rules and regulations at jurisdictional level is key to success. Read more

4 Jun 2020

An inside look at Lego’s Latin American brand protection operations

In June 2019 Arturo Ishbak Martínez joined Lego Group to become its first senior counsel for Latin America. One year on, he sits down with WTR to provide insight into the company’s brand protection approach. Read more

Enforcement and Litigation

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19 Mar 2020

Mexico joining the Hague System; a game changer for international design protection?

Earlier this month, Mexico deposited its instrument of accession to the Hague Agreement at WIPO. The move is significant in WIPO’s aim to create a global system for the protection of industrial designs. Read more

21 Feb 2020

ICANN cancels Mexico meeting; Coronavirus trademarks; UpCounsel returns – news digest

In our latest edition, we look at Canada enacting plain packaging, the acquisition of Forever 21, serial trademark filer Michael Gleissner still owing significant costs at the UKIPO, and much more. Read more

3 Feb 2020

Corona beer or Coronavirus? How a brand should handle potentially damaging mix-ups

While there is cause for alarm in many industries whenever a potential new pandemic arrives, one company has found itself in the spotlight for a different reason following the coronavirus outbreak – the Corona beer brand. Read more

23 Dec 2019

Fast-moving change for FMCG industry: how to protect and enforce your IP rights

Changes in consumer preference and behaviour have transformed the fast-moving consumer goods industry. IP rights are fundamental to the success strategy of any consumer goods company, enabling brand owners to protect their brands and consumers from imitations. Read more

Government/Policy

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23 Sep 2020

The pros and cons of industrial designs, trademarks and trade dress

Having a distinct look is the best way for a product to stand out from the competition, but as Mexico awaits further guidance on new trade dress provisions, how should brand owners choose the right protection for their designs? Read more

11 Dec 2019

USMCA given green light; significant GI changes now a step closer to reality

The Canadian, Mexican and US governments have signed an amended version of the USMCA, meaning that ratification is a significant step closer – with the deal highlighting what IP concessions the Trump Administration will expect in future trade deals. Read more

22 Oct 2019

Are major brands stealing expressions of folklore in Mexico?

News outlets have focused on the use of expressions of folklore by fashion brands. In this guest post, a local expert argues that, with companies currently operating on the right side of the law, protecting these expressions against misuse belongs to the state. Read more

29 Jul 2019

Non-traditional marks in Latin America: the current landscape

The acceptance of non-traditional trademarks has increased in most Latin American jurisdictions in recent years. We provide an overview of the current state of play. Read more

Law Firms

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12 Nov 2020

“Firms wouldn’t even accept a woman’s CV”: challenging diversity in Latin American legal culture

Often, the diversity discussion is centred on the goals of firms based in North America or Western Europe. But the conversation is also growing in Central and South America. Read more

24 Jul 2018

“Don’t panic” – new entrants to Madrid Protocol give mixed feedback on their experience since accession

​​​​​​​Law firm practitioners in jurisdictions that have adopted the Madrid Protocol in recent years have shared their experience in an exclusive survey. While some praised the system, other were scathing about its impact.

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1 Nov 2017

Four years on – how Mexico stepped up to Madrid

It is now four years since Mexico officially ascended to the Madrid Protocol. We examine how local practitioners have been adapting to this new trademark ecosystem and see what common issues are arising

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20 Oct 2017

Mexico shows robust filing figures, as services overtake goods for first time: exclusive data analysis

In World Trademark Review’s latest country data report, we take a look at Mexico and how brands fare in the country. Read more

IP Offices

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13 Nov 2020

Mexico continues to be an IP leader in Latin America

The country has an advanced system that is attractive to its northern neighbours. It also has an impressive roster of brands that are of significant value in the region. Read more

17 Jun 2020

Impact of covid-19 pandemic on IP practice in Mexico

Although Mexico has experienced an important slowdown in the activities associated with the protection of intellectual property, the IP system has not completely come to a halt, and IMPI is expected to resume its regular activities by 30 June 2020. Read more

3 Apr 2020

Something to declare: how an IMPI finding can help avoid stand-offs

Differences in the treatment of well-known and famous marks create pitfalls for the unwary. An administrative declaration is the best option, but obtaining one can be burdensome. Read more

17 Jul 2019

Healing confusion – choosing the correct name for pharmaceutical trademarks

Similarity among prescription drug names should be avoided, as the potential confusion carries a risk to consumer health. Bringing the best pharmaceutical trademark to market can be arduous, but it will assist in the safe prescription of medication. Read more

Online

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27 Nov 2018

Hugo Boss accused of bullying, Mexico IPO enters logo debate and fake shopping apps discovered: news round-up

In our latest round-up, we look at a brand owner claiming the IPO “made a mistake” in granting their mark, an Indian shopping site launching a new anti-counterfeiting programme, and much more. Read more

1 Jan 2018

Mexico: Cat and mouse: how rights holders chase online infringers

The anonymity offered by the Internet is a significant lure for infringers. However, despite the online landscape being largely ungoverned, Mexican rights holders can still take steps to protect their intellectual property

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1 Mar 2017

Mexico: Expansion of domains in Mexico

Managing domain names involves maximising business opportunities while protecting against infringement. A clear internal domain name policy can help to reconcile these aims

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5 Jun 2014

Cartier recovers domain names under '.mx' policy

In two separate domain name dispute proceedings brought before WIPO, French jeweller Cartier International AG has obtained the transfer of two ‘.mx’ domain names under the Dispute Resolution Policy on ‘.mx’ Domain Names, a variation of the UDRP. The decisions highlight the fact that trademark holders should closely monitor their brands in all ccTLDs.

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Portfolio Management

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2 Sep 2020

New Law for the Protection of Industrial Property to come into force – what you need to know

Mexico’s new Federal Law for the Protection of Industrial Property was published in the Official Gazette on 1 July 2020 and will come into force on 5 November 2020. This update highlights the key changes that trademark owners and practitioners should be aware of. Read more

1 Apr 2020

Mexico joins Hague design registration system

Mexico has deposited its instrument of accession to the Geneva Act of the Hague Agreement, bringing the number of members to the Hague design registration system up to 74. This is likely to have a significant impact on the number of Hague designs being applied for. Read more

1 Oct 2019

Procedures and strategies for pharmaceutical brands: Mexico

There is no clear link between the IP Law and the Health Law and their regulations regarding conflicts between registered trademarks and marketing authorisations or distinctive names. Read more

1 May 2019

Protecting fashion and cultural expressions

Protecting the knowledge and traditional cultural expressions of different cultures and indigenous communities is a complex task. Opinions are divided, but one route may involve IP rights to protect traditional forms of innovation and creativity. Read more

Trademark law

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30 Sep 2019

Unfair competition in Mexico: how to play by the rules in advertising’s commercial battles

Competitive advertising strategies should prompt healthy commercial battles and bring out the best in advertising, yet some still use advertising to confuse and mislead customers. Mexico’s unfair competition legislation defends the rights of victims to dubious advertising practices. Read more

28 Jan 2019

Litigation procedures and strategies: Mexico

The relevant legislation for trademarks in Mexico is the Industrial Property Law and its recently amended regulations – the new provisions entered into force on 10 August 2018. The amendments involve substantial changes to Mexico’s IP system. Read more

27 Dec 2018

Mexican trademark registrations under Madrid System – convenient solution, but no guarantee

The Madrid System can be used as a simple solution for registering trademarks worldwide. However, it does not guarantee that a trademark will be accepted in all designated countries. Read more

29 Oct 2018

Mexican trademarks and the Commercial Treaty of North America

The new North American Free Trade Agreement includes stronger measures against counterfeiting and piracy, including the ability to stop the entry and exit of suspected counterfeit products. Read more

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