Recent Jurisprudence – Expiration of Mexican Trademark Registrations

November 18, 2014
Recent Jurisprudence – Expiration of Mexican Trademark Registrations

Recently, the First Collegiate Court on Administrative Matters of the First Circuit approved legal opinion numberI.1o.A.79 A (10a.) entitled: “Expiration of trademark registrations. The use of a trademark by an authorized thirdparty, other than the owner, is sufficient to avoid its expiration.” In its opinion the Court determined that therelevant aspect to be considered in verifying the expiration of a trademark is its actual use for marketing of products, or for the rendering of services that are distinguished by such mark and, that said use by a third partyother than the owner serves to preserve the effectiveness of the trademark and avoid its expiration, in accordancewith the concept of mandatory use of the registered trademark under Mexican applicable intellectual propertylaw.

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