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Amendments to Trademark Laws

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Jun 14, 2018 (Newsletter Issue 11/18)
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Amendments to IP Law into Force Soon

On May 18, 2018, the Amendment Bill to the Industrial Property Law was published in the Official Federation Gazette. The Amendment Bill changes the trademark law in Mexico. The Bill will be enacted after 60 working days.

Relevant changes are the following:
- “Any person” may register a mark (Article 87). The law previously stated that only “industrialists, traders and service providers” may apply for registration.
- Marks need no longer be visible to be registered (Article 88). A mark need only be perceptible by the senses, and capable of being represented so that it is clear exactly what is being protected.
- Some types of non-traditional marks that were previously denied protection will now be registrable, including sounds, scents, holograms and trade dress (Article 89).
- Descriptive terms, terms in common use and nondistinctive trade dress previously ineligible for registration will now be registrable, based on secondary meaning (Article 90).
- Applicants may now overcome a refusal based on confusing similarity by obtaining the express consent of the prior trademark owner (Article 90).
- The provisions relating to collective marks have been expanded and clarified (Articles 96-97 bis 1).
- Certification marks will now be registrable (Articles 98-98 bis 4).
- Applications for registration must now identify “specific” products or services (Article 113).
- The provisions governing trademark oppositions have been modified (Articles 120-125). The trademark opposition proceeding will include the possibility to file the corresponding evidence by the opponent and the solicitant. Also, IMPI will have to issue a resolution with respect the opposition.
- Registrants must now file a declaration of continued use during the three months after the third anniversary of the registration date (Article 128). The registration will lapse automatically if the declaration is not filed.
- A trademark registration may be declared invalid if it was “obtained in bad faith” (Article 151.VI).

Source: Arochi & Lindner, Mexico