Client Alert

IndustrialPropertyLaw

Since the amendment to the Article 128 of the Industrial Property Law, the Declaration of Use became mandatory for trademark owners in Mexico, and not filing it under the terms established by Law, represents an expiration cause of trademark registrations.

The Amends to the Industrial Property Law of May 18, 2018, incorporated the possibility of requesting the registration of non-conventional trademarks in Mexico, by modifying the definition of “trademark” as follows: “It is understood by Trademark, all sign perceptible by the senses and capable of being represented in a way that allows to determine the clear and precise object of protection, which distinguishes products or services from others of the same species or class in the market.”