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.”
The rest of this article is locked for subscribers only. Please login to continue reading.
If you don't have a login, you will need to purchase a subscription to gain access to this article, including all our online content. Please use this link and follow the steps.
For multi-user price options, or to check if your company has an existing subscription to us that we can add you to for FREE, please email Atif Choudhury at achoudhury@worldipreview.com
MIPL, well-known marks, declaration, MIIP