April 26, 2012
On April 25, 2012 the Mexican Senate approved the international treaty named “Madrid Protocol”, concerning the international registration of trademarks.
Due to the very recent ratification, at this point in time, there is only an estimation that the Madrid Protocol will enter in force within the next eighteen months, approximately.
As every new instrument to obtain the protection of IP rights, Olivares & Cía. welcomes the Madrid Protocol to our legal system and certainly, it will become part of our services to clients.
In this connection, it is important to emphasize that the current Mexican Trademark Law does not establish an opposition system. We consider that in addition to the Madrid Protocol and in order to provide a higher grade of certainty to the trademark owners, an opposition system in place is required. Therefore, Olivares & Cía. has already started the study and analysis of a suitable opposition system in order to prepare a draft of amendments to the Mexican Industrial Property Law, including a trademark opposition system which will be presented to the legislative and administrative authorities in due course along with the Mexican Association for the Protection of Intellectual Property (AMPPI) —the Mexican Chapter of AIPPI.
We will keep you informed about the developments.