A trademark is considered in use when the goods or services covered have been put in the market, or are available in the market of the country under the trademark, in the amount and in the way that corresponds to the use and custom.
The regulations of the Mexican Law of Industrial Property (MLIP) establish that a trademark is considered to be in use when the goods or services covered have been put in the market, or are available in the market of the country under the trademark, in the amount and in the way that corresponds to the use and custom.
In this regard, we can say that the MLIP provides two different hypotheses to consider whether a trademark is indeed in use. First is that the mark has been put into the market—in other words, that the goods or services covered by the mark can be purchased by Mexican consumers within the Mexican market; second is that the mark is available, or “availability of the mark”.
The latter has been subject to several interpretations that argue what constitutes the use of a trademark, as the mark can be available to be purchased but not necessarily within the market.
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MLIP, IMPI, trademark