Antonio Belaunzarán

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Antonio Belaunzarán

With “an ardent following of famous brand names,” Antonio Belaunzarán’s “sophisticated legal thinking is the talk of the town,” according to World Trademark Review’s WTR 1000. Mr. Belaunzarán’s has been a partner at OLIVARES since 1994 and joined the firm in 1988. He is one of Mexico’s most esteemed IP attorneys and his services are in high demand. His practice focuses on trademarks, slogans, trade dress, trade names and appellations of origin, including searches, filing, prosecution, license and assignment agreements; litigation before both the Mexican Institute of Industrial Property and the Federal Courts in cases related to invalidity, cancellation and infringement; anticounterfeiting actions; unfair competition, comparative and ambush advertisement issues.

As a Senior Partner at OLIVARES and a highly regarded senior trademark attorney in Mexico, Mr. Belaunzarán brings his top-notch legal experience to all of his cases and serves as a powerful mentor for Olivares’ more junior level attorneys looking to gain insight on the complexities of representing the leading brand names that comprise the firm’s clients. Mr. Belaunzarán has tactfully secured famous trademark status for clients and worked on accounts for some of the biggest brands in the world.

Representative Cases
  • The Coca-Cola Company v. PepsiCo, Inc. and its Mexican affiliates and 25 of Pepsi´s Mexican bottlers was a litigation case (2002-2009) in which a team of litigators led by Mr. Belaunzaran defended PepsiCo, its affiliates and its bottlers in a trademark infringement proceeding involving the use of a bottle shape that was allegedly confusingly similar to the Coca –Cola contour bottle registered in Mexico as a three-dimensional trademark. After adverse decisions from the Mexican Institute of Industrial Property (IMPI), OLIVARES won the reversal of IMPI´s decisions at the appeal stage.  At the final stage before the  Federal Circuit Courts, Coca-Cola approached PepsiCo and all cases involved in the litigation were settled under favorable terms for PepsiCo.
  • Protection through registration as a three-dimensional trademark of a chocolate frog´s shape for goods in class 30 (chocolates): After overcoming via legal arguments three provisional refusals from IMPI on the grounds of lack of distinctiveness, Mr. Belaunzarán’s team secured the first registration in Mexico protecting a three-dimensional shape of a product as a trademark.
  • “THE LANCET” is one of the most renowned scientific medical peer-reviewed journals that has been published continuously since its first publication on October 5, 1823. A trademark registration had been granted to a Mexican individual for goods in class 16 (namely, a “printed medical magazine”). After inheriting a litigation started by another Mexican law firm, Mr. Belaunzarán’s team was able to reverse adverse decisions finding trademark infringement by OLIVARES’ client’s Mexican distributor of THE LANCET. The firm also secured invalidation of the other party’s registrations in classes 16 and 38 on the grounds of: (1) prior rights as derived from the adoption of the title in a foreign country, and (2) notoriety of THE LANCET in Mexico. Most notably, the team managed to overcome IMPI‘s criteria that prior rights over titles of publications should apply  only to those created in Mexico, and not those produced in a foreign country.
 Awards
  • Chambers Global – Mexico, IP Band 1
  • Chambers Latin America – IP, Band 1
  • Latin Lawyer 250, Tier 1
  • Legal 500, Tier 1
  • MIP – IP Star
  • Who’s Who Legal, Tier 1
  • WTR 1000 – Gold – Enforcement & Litigation
  • WTR 1000 – Gold – Prosecution & Strategy
Education
  • Universidad Nacional Autónoma de México
    Juris Doctor, 1981
Affiliations
  • Asociación Mexicana para la Protección de la Propiedad Intelectual (AMPPI)
  • European Communities Trade Mark Association (ECTA)
  • International Association for the Protection of Intellectual Property (AIPP
  • International Trademark Association (INTA)
Languages
  • English
  • Spanish
Antonio Belaunzarán

Partner

+52 (55) 5322 3000

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