MEXICO
AMENDMENT TO THE INDUSTRIAL PROPERTY LAW
The Mexican Industrial Property Law was amended and published on May 18th 2018. It comprises several changes regarding trademarks and the introduction of denominations of origin and geographic indications as well as trade dress
Among the updates it is important to highlight the following: trademarks are currently defined as signs perceivable by the senses and susceptible of a representation allowing to determine the clear and precise object of protection. This new definition allows the protection of non-traditional trademarks such as color trademarks, holograms and tridimensional trademarks.
Secondary meaning was also acknowledged allowing the registration of trademarks which could lack distinctiveness or be descriptive provided that their previous and effective use in the market is proven. Trade dress protection was incorporated enabling registration of trademarks containing a combination of elements capable of distinguishing goods and services in the market such as images, sizes, designs, colors, shapes, labels, packages and decorations.
Notorious and famous trademarks no longer need to be registered in order to enforce their protection and bad faith was introduced as grounds for seeking the nullity of a trademark registration. Certification trademarks were incorporated, as well and a new requirement to avoid cancellation of trademarks consisting on the need to file a declaration of use three years after registration.
