The Importance of Registering a Trademark Upon Deciding to Use Such

September 24, 2007
The Importance of Registering a Trademark Upon Deciding to Use Such

As mentioned in prior editions, Mexico recognizes that one who demonstrates first use of a trademark has priority rights to register such markand has exclusive rights to use of the mark. It is also important to note that given the fact that since in Mexico there is no legal means to opposeregistration of a trademark that is in the process of being registered, it becomes essential to register the mark as soon as one decides to put themark into use. Article 9 paragraph XVI of the Mexican Industrial Property Law provides that “a mark that is identical or similar in grade ofconfusion to another mark already presented for filing or already registered and in force, applicable to the same or similar products or services,may not be registered”. In effect, if upon submitting a trademark for registration the applicant has used it previously in Mexico or abroad, thepresence of another similar mark covering similar products or services that has not been previously used, but is in the process of beingregistered, the legitimate applicant of the desired mark will be required to wait until a trademark registration has been granted to the firstapplicant party, and then seek to nullify such mark claiming prior use, which process can be lengthy and costly, and avoidable if the legitimatefirst user of the mark applies for registration as soon as possible after first use.

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