Trademark Use and Effects of Registration in Mexico

April 23, 2007
Trademark Use and Effects of Registration in Mexico

Under Mexican law, a trademark is considered to exist by law from the time such trademark (whether it is a name, logo design orcombination of both, or in three-dimensional form) is placed on a product or service in order to distinguish such product or service,independent of whether or not it has been registered. However, the lack of registration means one may not claim exclusive use of suchtrademark, or the right to oppose others from using the mark, particularly when a “degree of confusion” exists with another mark that isregistered or in the process of being registered. Notwithstanding the above, the use of certain distinctive symbols may have the effectof imposing administrative sanctions (using similar marks owned by third parties, using trademarks consisting of official emblems,signatures, pseudonyms, personal portraits, titles of literary works, etc.) so that the registration of a trademark for those using ordesiring to use such mark, in addition to giving them exclusivity over its use, has the effect of preventing the imposition of futuresanctions.

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