Tag >> Mexico
Posted by: Arturo Reyes in well-known marks, Well Known Marks, Trademarks, trademark, Trade Marks, Trade Mark, Reyes Fenig, Reputated Marks, Mexico, famous marks on
Oct 14, 2008
The Mexican statute provides explicit protection for well-known trademarks since the Law of Patents and Trademarks of 1976. Before the 1976 statute, there is evidence of direct application of the stipulations stated in Paris Convention to fill the gaps in the Mexican statute, but none of the published decisions refer to well-known trademarks. On June 16, 2005, the Federal Congress amended the Industrial Property Law to introduce important modifications to the provisions regarding the protection of well-known trademarks. Before the amendment, there were two ways a trademark could be acknowledged as well-known in Mexico: a) If the Instituto Mexicano de la Propiedad Industrial or Mexican Patent and Trademark Office (MPTO) rejected a trademark application, arguing that it was identical or
In a first-to-file country, such as Mexico, one way of foreseeing if a trademark is available for use and registration is conducting a trademark search with the databases of the Mexican Patent and Trademark Office (MPTO). There are two main databases that may be consulted in a trademark search: the Industrial Property Gazette that the MPTO issues on monthly basis, and the online phonetic database of the MPTO. Foreign entities that offer search services usually obtain the information from the Industrial Property Gazette, while local agents often use the online database. Unlike the trademarks database of the USPTO or the OHIM, there is no free access to the trademarks database of the MPTO to conduct searches; it is necessary to have a prepaid account. A search conducted using the information
Every day, the intellectual property assets of businesses increase their importance. They are not, and should not, seen any longer as a by-product, but as a fundamental asset for the survival, well-being and prosperity of businesses. Employees and their activity are a very important source of intangible assets, so adopting a clear, well supported and fair policy in connection to the intellectual property generated by employees should be considered as strategic in any innovative business. Further, an inadequate intellectual property policy inside a business organization may lead to potential liability issues and reduce the value of the company. Mexican copyright and patent law are similar to the laws of other jurisdictions concerning the exclusivity rights stipulated for the
Posted by: Arturo Reyes in trademark, Trade Marks, Reyes Fenig, non use, Mexico, Maintenance Fees, law, lack of use, intellectual property, Cancellation on
Aug 06, 2008
There are two frequent questions I receive from foreign colleagues and Mexican businessmen regarding maintenance of Mexican trademark registrations. One is if it is required to file evidence of use of a trademark with the Mexican Patent and Trademark Office (MPTO) from time to time in order to keep a trademark registration alive. The answer is ‘no'. The other question is: If it is not required by the statute, why some Mexican trademark lawyers insist in this filing every three years? Since 1991 it is not necessary to file statements or evidence of use of a trademark with the MPTO in order to keep a trademark registration in force. It does not mean, however, that stopping using a registered trademark would not have negative consequences. If the use of a registered trademark is interrupted
Posted by: Arturo Reyes in Trademarks, trademark, Trade Marks, Trade Mark, Reyes Fenig, Patents, patent, Mexico, intellectual property, injunction, infringement, Application on
Jul 30, 2008
The marking of products or services that use industrial property rights (such as patents or registered trademarks), so third parties may be aware of the existence of such intangible assets, provides the right holders with certain benefits. The marking is not an actual obligation, given that failure to mark a product is not illegal by itself nor harms any third party's rights. Marking a product with the indication of an industrial property right may prevent or discourage third parties from infringing the intellectual property right associated to a product or service. If, in spite of the marking, a third party infringes the patent or trademark right, the measures available for the right holder are also stronger. There are certain rules about the marking of products provided in the Mexican
Posted by: Arturo Reyes in trademark, Trade Marks, Trade Mark, Reyes Fenig, patent, Mexico, Lawsuits, law, intellectual property, infringement on
Jul 19, 2008
Section 221 Bis of the Mexican Industrial Property Law (IPL) provides that the owner of a patent or registered trademark (there are no common-law rights in Mexico) is entitled to claim from the infringer as damages and/or lost of profits at least 40% of the retail price of each infringing product sold by the defendant. The reason of such stipulation is not only to provide monetary relief to the right holder but also to punish the infringer. Further, section 221 of the IPL states that the right to file a damages claim is independent from the administrative penalties that the Mexican Patent and Trademark Office (MPTO) may impose to the infringer of the corresponding patent or registered trademark. For some years, the federal courts of appeals ruled that sections 221 and 221 Bis of the IPL
The Mexican Constitution states that the exclusivity rights provided therein for inventors are "temporary privileges". Without entering into the discussion about the language used in the Constitution, it is clear that one of the characteristics of the exclusivity rights on inventions is the temporality. Temporality may vary according to each specific intellectual property right. For example, the term of a registered utility model is only 10 years counted from the filing date, while the term of a patent is, as a general rule, 20 years counted from the filing date. In this post we will briefly discuss the extension patents, and specifically the only case of patents extension currently allowed by Mexican law, although probably without having that intention. The general rule is that the life of
Mexico is a first-to-file country. Ownership on a trademark may only be obtained by registering the mark with the Mexican Patent and Trademark Office (MPTO). Trademark applicants must be careful when filing trademark applications. Otherwise, the resulting trademark registration may be either too restrictive, too vague or in the worst-case scenario, completely useless to provide an effective trademark protection. The following are a few tips for trademark applicants in Mexico: What trademark should apply for? a) First, the applicant must register those trademarks that are already being used in Mexico. b) Second, the applicant should register those trademarks that are not yet being used in Mexico, but it plans to start using them in the short or medium terms. It is not necessary to prove use of
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