International Comparative Legal Guide: Trademarks 2013

por Alonso Camargo y Daniel Sánchez

1 Relevant Authorities and Legislation

1.1 What is the relevant Mexican trade mark authority?

The relevant trademark authority is the Mexican Institute of Industrial Property (IMPI).

1.2 What is the relevant Mexican trade mark legislation?

The relevant trademark legislation is the Industrial Property Law (IPL).

2 Application for a Trade Mark

2.1 What can be registered as a trade mark?

In accordance with article 89 of the IPL, all visible signs can be protected provided that they are sufficiently distinctive, are able to identify the products or services to which they apply or are intended to apply with respect to those in the same class.

2.2 What cannot be registered as a trade mark?

Olfactory, and sound trademarks cannot be protected in Mexico. The limitations as to what cannot be protected as a trademark are established in article 90 of the IPL, which contains a list of prohibitions and is the only legal source for rejecting a trademark application. These prohibitions include: marks that are identical or confusingly similar to previously; registered marks or marks for which registration is pending, applied to the same or similar products or services; descriptive and generic marks; geographic indications and names of places that are characterised by the manufacture of certain products; and three-dimensional forms of common usage or because said form is imposed by its nature or industrial function…

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