A new scenario: letters of consent in Mexico

The Mexican Law of Industrial Property does not regulate consent letters and/or coexistence agreements, but over the years the Mexican Institute of Industrial Property (MIIP) has accepted them on a case-by-case basis.

In general, the authorities have always considered three issues in order to determine whether to accept letters of consent or coexistence agreements. It was necessary that:

• The trademarks were not identical;

• The junior trademark was not included in the senior trademark or vice-versa; and

• The goods and/or services of interest for each mark were different.

(All of these criteria also apply for trademarks that belong to companies of the same economic group.)

“THIS COMPLETELY CHANGES THE SCENARIO FOR BIG COMPANIES THAT, DUE TO TAX SITUATIONS OR ORGANISATIONAL STRATEGIES, FILE TRADEMARKS IN THE NAMES OF THEIR VARIOUS SUBSIDIARIES OR PARENT COMPANIES.”