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).
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.
Trademark owners, marking practice, Mexico, MIPL, IMPI