Latin America and Caribbean

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.

A few days ago, a photograph of a bottle of Dutch tequila began circulating on the web. The creators of this product, which has not yet hit the market and probably never will, claim to have improved the taste of original tequila, based on Dutch gin, and now feel ready to enter the European market.

Performing trademark clearance searches should always be the first step taken prior to filing a trademark application, as they are an effective way of preventing legal risks before launching a brand.

Each year more Brazilians engage with e-commerce, and Brazil has taken the position of 4th largest internet market globally, representing 42% of all B2C e-commerce in Latin America.

On August 10, 2018 several modifications to the Mexican Industrial Property Law entered into force, resulting in some new IP figures being recognised in Mexico.

In the latest international briefing for Mexico, Adrián Martínez assesses a new amendment to Mexican trade mark law dealing with bad faith marks