IP INFO

May 23, 2007
IP INFO

Mexico does not require a trademark to be registered in order to be used; however, failure to register a mark may cause aninfringement of the intellectual property rights of third parties if such third parties have registered a mark that is the same orsimilar in "degree of confusion" and, consequently, may cause sanctions under Mexican law. When a trademark is registeredin Mexico, any third party alleging infringement may oppose the mark in the following cases: (i) when third parties use thesame or similar mark in good faith beginning on a date prior to the date the registered mark was applied for; (ii) in the case ofparallel importations, which is to say when third parties have used, commercialized, distributed or exploited the mark as aconsequence of introducing said mark into the stream of commerce in a legal manner by the holder of the registration or anyparty to whom a license to use the mark has been granted; and (iii) when a party (whether an individual or entity) appliestheir name, corporate name or corporate identity to the products they manufacture or distribute, the services that they provideor their establishments, so long as such use is in a customary form and has characteristics that distinguish it from itshomonym.

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