On August 10, 2018, an amendment to the Industrial Property Law will come into in force in Mexico. This amendment seeks to update the Mexican industrial property legislation in accordance to the needs of the national and international markets.
In brief, the main changes are the following:
1. Any person may apply for the registration of a trademark, which eliminates the requirement of the status of trader.
2. The definition of ‘trademark’ has been modified: “A trademark can be understood as any sign perceptible by the senses and susceptible of graphic representation, which distinguishes products or services from others of the same kind or class in the market.”
3. Signs that lack distinctiveness can be registered as trademarks depending on their secondary meaning, i.e. trademarks that despite having no distinctiveness, have acquired it because of the holder investment of resources.
4. Likewise, the amendment includes the concepts of ‘collective trademark’ and ‘certification trademark’ in order to make the protection granted to make the protection granted by the right of industrial property approachable to small and medium-sized entrepreneurs.
5. There will be a period for closing arguments during the Opposition proceeding.
6. Declaration of Use: declaring real and effective use of the mark in Mexico. The deadline for filing the Declaration of Use is three years from the registration date.
7. The trademark renewal application must be accompanied by a declaration of trademark use specifying for which products or services the trademark is effectively being used.
8. The holder of an international trademark registration which protection has been extended to Mexico, must declare the real and effective use of the trademark. The deadline for filing the Declaration of Use is three years from the national registration date.
9. The holder of an international trademark registration that has been renewed must declare the real and effective use of the trademark during the six months after the notification of the renewal made by WIPO.