Changes to Mexican IP LAW

Propiedad Industrial

Changes to Mexican IP LAW
Denominations and Geographical Indications

On March 13, 2018 a Reform to the Mexican Industrial Property Law was published in the Official Diary, in which, among other things, the following news is included:

1- In Article 90 which establishes that which is not subject to trademark registration, the concept of geographic zones is clarified, and as such, geographic zones as well as maps, will no longer be able to be registered. Additionally, when population denominations, denonyms, names and adjectives may cause confusion or error in so far as the origin of the products or services, they too, will not be not subject to trademark registration. Expressions such as "gender", "type", "manner", "imitation", "produced in", "manufactured in" or other similar expressions which could create confusion or could imply unfair competition will also not be subject to protection.

2- Protection for ORIGIN DENOMINATIONS is regularized in Mexico and protection for GEOGRAPHICAL INDICATIONS is introduced, with a similar treatment to the one conferred in the trademark Law itself, upon knowing:

2.1- Protection for Origin Denominations and Geographical Indications will commence from a declaration issued by the Mexican Patent and Trademark Office (IMPI for its abbreviation in Spanish), whether it is ex officio or by request of an interested party, which meets with the various requirements indicated by the Law itself;

2.2- It highlights the cases in which Origin Denominations and Geographical Indications will not be able to be protected;

2.3- It highlights the requirements for obtaining and renewing the declaratory, its validity and the possibility of transforming an Origin Denomination into a Geographical Indication and vice versa;

2.4- It contemplates the possibility of opposing a protection declaratory;

2.5- It contemplates the rules to be covered for being able to obtain an authorization for the use of an Origin Denomination or a Geographical Indication.

3. Protection for foreign Origin Denominations is regularized in Mexico signaling a recognition and protection procedure. This procedure can be highly useful for defending a foreign Origin Denomination and/or a Geographical Indication, same which given the prior lack of regulation were previously protected as ordinary or collective trademarks.

The Reform will take effect on April 27, 2018.

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