The Mexican Senate approved an amendment to the Industrial Property Law. This amendment seeks to update the Mexican industrial property legislation according to the demands of the national and international markets.
The implemented changes will allow, among other aspects, the registration of non-visual trademarks, such as olfactory and sound trademarks.
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.
In brief, the main changes are the following:
- 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.”
- Any person may apply for the registration of a trademark, which eliminates the requirement of the status of trader for this registration.
- Signs that lack distinctiveness can be registered as trademarks depending on their secondary meaning, ie. trademarks that despite having no distinctiveness, have acquired it because of the employer’s investment of resources.
- The registration of trademarks confusingly similar to others is permitted, provided that it is expressly authorized by the holder.
- Regulation related to certification marks is included.
- A requirement of identifying specific products or services is added to the necessary requirements to apply for a trademark.
- Some aspects of the procedure to process oppositions have been modified.