The trademark reform in Mexico is now a reality

mexico-641596_960_720Some important changes to the Trademark law in Mexico came into force on 10.08.2018. According to them:

  • non-traditional marks are allowed for protection;
  • consent letters and coexistence agreements will be accepted by the Patent Office;
  • refusals based on lack of distinctiveness will be overcome by acquired distinctiveness;
  • the Patent Office will issue decisions on trademark oppositions;
  • all Office actions will be published in its official gazette;
  • there will be a 10% reduction in office fees for online applications for trademarks;

In addition to this: “In particular, for all trademarks filed or granted after 10 August 2018, submision of a declaration of actual and effective use will be required once the trademark becomes subject to use (the declaration needs to be presented within 3 months once 3 years have elapsed since registration of the trademark).”

Furthermore: “Another important change brand owners have to be aware of is that trademarks can no longer be filed for a broad range of goods and services but only for the specific goods and services of interest.”

Source:  Bernardo Herrerias Franco, Alfredo Pineda Nieto and Valentina Schmid (Hogan Lovells) on Lexology.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s