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Amendments to Trademark Laws

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Apr 26, 2018 (Newsletter Issue 8/18)
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IP Law Reform Package Approved

The Mexican Senate approved a package of reforms to the provisions of the “Ley de la Propiedad Industrial” (IP Law) comprising important changes to the protection of trademarks in Mexico. Some of the important changes are as follows:

Trademark Use
It will be required to declare actual and effective use of a trademark three years from registration of a mark. If this declaration has not been made, the registration will be considered as lapsed.
It will also be required for renewals to declare the actual and effective use of the trademark.

Nullity action based on bad faith
Nullity claims based on bad faith will no longer be restricted to registrants who are agents, representatives, users or distributors of the owner. It will be sufficient that there has been any kind of direct or indirect relationship between the bad faith registrant and the owner of the prior rights.

Non-traditional trademarks
Holographic signs, sound and smell marks will be registerable.

The reform package will soon be published within in the Official Gazette of the Federation of Mexico. It is expected that the reforms will enter into force 60 days after its publication.

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