The Mexican Industrial Property Law (MIPL) distinguishes between well-known and famous trademarks, giving the latter wider protection than is given to well-known marks.
According to the MIPL, it is understood that a trademark is well-known in Mexico when a determined sector of the public, or the commercial circles of the country, know the mark as a consequence of commercial activities by the entity that uses the mark on its products or services, or as a consequence of their promotion or publicity, in Mexico or overseas.
On the other hand, the MIPL defines a famous mark as one being known by most consumers. Unlike well-known marks, that are required to be known by a determined commercial sector, famous marks are those known by the public in general, which includes any commercial sector.
“THE REQUIRED INFORMATION AND/ OR DOCUMENTATION TO REQUEST THE DECLARATION OF A WELL-KNOWN OR FAMOUS MARK IS SOMETIMES CONFIDENTIAL AND, IN OTHER CASES, IT IS INCONGRUENT WITH THE VARIOUS INTERNATIONAL TREATIES.”
To continue reading, you need a subscription to WIPR. Start a subscription to WIPR for £455.
In-house feature articles, the archive and expert comment require a paid subscription. Subscribe now.
Want to give it a try? We are offering a two week free trial to the WIPR website – register and select “Free Trial” to begin access to the full WIPR archive and read the latest news, features and expert comment. Begin your free trial here.
Is your 2 week free trial about to end? Upgrade to a 12 month subscription for £455 now.
If you have already subscribed please login.
If you have any technical issues please email James Lynn on firstname.lastname@example.org.
MIPL, well-known marks, declaration, MIIP