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