Trademark owners in Mexico regularly have to deal with concerns about the appropriate way of “marking”—the display of the legend “registered trademark” the letters MR or the ® symbol on the products or services covered—in the jurisdiction, even though marking is not a compulsory measure.
Failure to mark is not illegal, but marking provides certain benefits to titleholders.
Under this perspective, trademark owners should focus their marking practice to consider the basis and consequences of complying, or not, with the provisions of the Mexican Industrial Property Law (MIPL). They should also take on board some practical considerations before starting use of a trademark, both when the mark is already registered and when it pending registration.
The MIPL regulates, among other IP issues, the proper use of marking in connection with trademarks registered with the Mexican Institute of Industrial Property (IMPI).
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Trademark owners, marking practice, Mexico, MIPL, IMPI