Protection for famous and well-known marks


Lesly F. Cuadra

The principle of specialty of marks establishes that a trademark registration protects only those goods or services for which specific protection was granted.

Thanks to this principle, it is possible that similar marks, owned by diverse owners and protecting different goods or services, can coexist as there is no possibility of confusion among consumers. However, this principle does not apply to famous or well-known marks.

It is evident that in a globalised world with so many social networks and media, trademarks increasingly have a greater impact. For this reason, it is important to protect famous or well-known marks properly to prevent and avoid third parties trying to register them to protect different products or services, leading to confusion among consumers about the commercial origin of the goods or services, as the consumer will often believe that they originate from the true creators of the famous or well-known marks.

The Mexican Industrial Property Law (MIPL) ensures that it is possible to obtain a declaration from the Mexican Institute of Industrial Property (IMPI) for well-known and famous marks.

MIPL; IMPI; trademark; trademark registration