Posted by: Arturo Reyes in well-known marks, Well Known Marks, unregistered marks, Trademarks, trademark registration, trademark, Trade Marks, Trade Mark, Reyes Fenig, Mexico, IP litigation, infringement, enforceability on
Jan 04, 2010
Mexico, as most civil-law countries, follows the first-to-file principle; it means that the first to file has priority to obtain the trademark registration, hence, to be acknowledged as proprietor of the trademark.
Nevertheless, Mexico acknowledges certain rights and defenses for the users of non-registered trademarks; Mexico also allows applicants to claim a date of commencement of use in Mexico, in order to obtain some benefits after the issuance of the trademark registration. In any case, these rights and defenses should not be construed as common-law rights (there is no common-law in Mexico) or exceptions to the first-to-file principle: the first applicant has priority to get the trademark registration, no matter who claimed the earliest date of first use or if the earliest applicant
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