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Battling counterfeits through Customs

POR ISRAEL LEDESMA MANAGING INTELLECTUAL PROPERTY, INTERNATIONAL BRIEFINGS, MARCH 2010 Mexico has been facing a significant problem regarding the sale and distribution of counterfeit products for many years. The Mexican government, with the collaboration of IP rights owners, has taken various enforcement actions against counterfeiters. The most noteworthy of these have been the actions taken at the [...]
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Getting the Deal Through – Patents 2010

POR CESAR RAMOS JR., ALEJANDRO LUNA Y JUAN LUIS SERRANO GETTING THE DEAL THROUGH – PATENTS 2010 PATENT ENFORCEMENT PROCEEDINGS  1 LAWSUITS AND COURTS WHAT LEGAL OR ADMINISTRATIVE PROCEEDINGS ARE AVAILABLE FOR ENFORCING PATENT RIGHTS AGAINST AN INFRINGER? ARE THERE SPECIALISED COURTS IN WHICH A PATENT INFRINGEMENT LAWSUIT CAN OR MUST BE BROUGHT? The only competent authority to hear […]

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Specialised IP court corrects IMPI

BY CARLOS REYES The Mexican Trademark Office (IMPI) usually applies strict criteria concerning trade mark likelihood of confusion and distinctiveness. In order to determine marks’ confusing similarity, examiners base their exam on an “analysis of the similarities”, determining this from the existence of a common element and disregarding the marks’ overall impression. Additionally, examiners almost never [...]
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Protecting trade dress

BY MARIA FENTON MANAGING INTELLECTUAL PROPERTY, INTERNATIONAL BRIEFINGS, APRIL 2010 Mexican intellectual property law protects producers, manufacturers, and service providers of all types from having the distinctive features of their products copied, exploited or reproduced without the proper authorisation. Intellectual property law allows protection for these products via distinctive signs covering trade marks, trade names, slogans, [...]
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Pharmaceutical trademarks

POR ALEJANDRO LUNA, SOCIO WORLD TRADEMARK REVIEW, COUNTRY CORRESPONDENT: MEXICO, OCTOBER/NOVEMBER 2009 A DRUG MARKETING AUTHORIZATION CAN BE GRANTED ONLY IF THE NAME APPLIED FOR VARIES BY AT LEAST THREE LETTERS FROM PREVIOUSLY REGISTERED NAMES. HOWEVER, THIS RULE IS NOW BEING CHALLENGED FRAMEWORK The Institute of Industrial Property (IMPI) is the administrative authority charged with granting trademark [...]
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Repercussions expected on medicine advertising campaign in Mexico

POR VÍCTOR RAMÍREZ WORLD TRADEMARK REVIEW, DECEMBER2009/JANUARY 2010 A RECENT HIGH-PROFILE MARKETING INITIATIVE BY A MEXICAN PHARMACEUTICAL COMPANY APPEARS TO BE A CLEAR EXAMPLE OF UNFAIR COMPETITION. THIS ARTICLE PUTS THE CAMPAIGN IN CONTEXT AND LOOKS AT THE LIKELY OUTCOME FOR THE ADVERTISER A bold new television advertising and publicity campaign was launched recently by a [...]
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Why Mexico matters

BY SERGIO L. OLIVARES, JR. PARTNER Mexico has a developing market for legal services inrelation to trademarks, which has doubled over the past 10 years. Filings from foreign mark owners have been the mainstay of business for many of the big players, but the likely ratification of the Madrid Protocol and other changes may see a [...]
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Examiners adopt strict trade mark practice

BY ALONSO CAMARGO PARTNER AND GUILLERMO A. BALLESTEROS MEXICAN TRADE MARK EXAMINERS HAVE RECENTLY BEEN OVER-STRICT IN CLASSIFICATION AND IN FINDING MARKS TO BE DESCRIPTIVE. ALONSO CAMARGO AND GUILLERMO BALLESTEROS OF OLIVARES & CIA ARGUE THAT THEIR PRACTICE DISADVANTAGES APPLICANTS AND SHOULD BE CHANGED Although Mexico became party to the Nice Agreement in March 2001, the international [...]
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Trademark refusal in Mexico on the grounds of descriptiveness

BY ALONSO CAMARGO, PARTNER. IAM BRANDS IN THE BOARDROOM 2007. The Mexican Industrial Property Law (IPL) contains a specific chapter dealing with absolute and relative grounds for refusal. Among such grounds, Section IV of Article 90 of the IPL establishes one basedon descriptiveness, establishing the following:         “Article 90. There are not registrable as trademarks: IV- Names, [...]
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Trademark prosecution and registration strategies

BY CARLOS ALBERTO REYES WORLD TRADEMARK REVIEW, COUNTRY CORRESPONDENTS, APRIL/MAY 2009 Protecting trademark rights in Mexico poses a number of challenges. The law sets out strict requirements on the types of signs that are capable of registration and the procedures differ in many ways from those in place in other jurisdictions. Protected signs Before developing a [...]
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