Mexico: Mexico begins to accept non-conventional trademarks
Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX
Copyright © Legal Benchmarking Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Mexico: Mexico begins to accept non-conventional trademarks

Sponsored by

olivares-400px.jpg

The reform of August 10 2018 to the Mexican Industrial Property Law substantially changed the Mexican trademark landscape. Among the most relevant changes brought by this legislative reform, particularly the acceptance on behalf of the Mexican Institute of Industrial Property (IMPI) of non-conventional trademark applications – such as smell and sound trademarks – positions Mexico today at the forefront of innovation.

Article 88 of the Mexican Industrial Property Law, defines what is generally understood as a trademark. Notwithstanding the aforementioned, the two elements (clarity and precision), are to be transposed, respectively, into the wordings of the representation and the description.

From the perspective of an applicant, a sound mark can be represented by a pentagram, phonogram or onomatopoeia, and it can be described by words that indicate the instruments used in such reproduction, the notes and any other characteristic that defines the sound in question.

When it comes to scent marks, it is a whole different matter. For example, the description may establish what a smell is, so that the exact information regarding the organoleptic characteristics of the sign in question can be transmitted. However, what should the representation contain? And what is the scope of protection of the trademarks in terms of enforcement?

Since the average consumer is unlikely to perceive so many odours and may do so in different ways to the description, the scope of protection will be hard to determine and its enforcement may face obstacles which are not to be underestimated.

romero.jpg

María Romero


Olivares

Pedro Luis Ogazón No 17

Col San Angel

01000 México DF

Tel: +5255 53 22 30 00

Fax: +5255 53 22 30 01

olivlaw@olivares.com.mx

www.olivares.com.mx


more from across site and ros bottom lb

More from across our site

We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
Sources at five firms provide updates on how they're approaching remote working and what their policies have meant for recruitment
Three lawyers who joined Boies Schiller Flexner in May say they've enjoyed working on litigation that includes non-IP aspects
McKool Smith principal Steve Pollinger explains how a simple internet search by a prospective client led to a $192 million patent win against Samsung
CJEU Advocate General Nicholas Emiliou has proposed a compromise in his second opinion in the BSH v Electrolux case
Benjamin Sodey, a former in-house lawyer at life sciences business MilliporeSigma, says he's looking forward to expanding his practice at Polsinelli
Loeb & Loeb has taken on the IP, corporate and compliance teams from Perkins Coie’s soon-to-be closed Beijing office
In the latest episode, we discuss our latest list of in-house rising stars and analyse developments from AI work for law firms to legal market news in Canada
More than half of the peer-nominated stars listed in this year’s ‘Ones to Watch’ list are women – let’s hope that recognition continues
Tamir Packin, partner at Desmarais, explains how the team navigated complex discovery issues to secure a patent win for IBM
Gift this article