Mexico jurisdiction report: The new-look IP system

01-08-2018

Carlos Gonzalez

Mexico jurisdiction report: The new-look IP system

tumsasedgars / iStockphoto.com

On March 18, 2018, important amendments to the Mexican Industrial Property Law were published in the Federal Official Gazette; they will enter into force from August 10, 2018. These changes confirm the implementation of a more effective trademark system in Mexico, adapted to international treaties.

The most relevant amendments to the IP Law are:

a) Inclusion of non-traditional trademarks
Sound, smell and holographic trademarks now form part of the catalogue of trademarks that can be registered in Mexico.

b) Inclusion of secondary meaning
Secondary meaning refers to trademarks that consumers have come to recognise as a source indicator, meaning those that having acquired distinctiveness derived from their use within the Mexican territory can be registered.


Jurisdiction report, Mexico, trademark amendments, Mexican Industrial Property Law, IMPI, international treaties, trade dress, trademark opposition, use

WIPR