Validity Period Of Trademark Registrations And Changes Regarding The Information Contained In The Application Form

Published date25 November 2020
Subject MatterIntellectual Property, Trademark
Law FirmOLIVARES
AuthorOLIVARES

Among the most relevant changes in this new Federal Law for the Protection of Industrial Property in Mexico is the one contained in Article 214 (formerly 113 of the former Industrial Property Law), which stipulates additional requirements for the filling forms when submitting a new trademark application, such as "the description of the mark" and Article 216 which stipulates that "the graphic elements that are not part of the mark must be indicated by dashed or dotted lines on its representation". These new requirements will be applicable for trademarks filed from November 5, 2020.

It is particularly significant that it is now necessary to indicate "the description of the trademark" because since 2018 the trademark Law has recognized "non-traditional" marks such as olfactory and sound marks, as well as certain animated marks, holograms and "trade dress." New trademark figures will require a more detailed description and possible precision in order to comply with the new law.

These modifications to the trademark law seek to define and limit the scope of protection for trademarks to avoid confusion regarding what is part of the distinctive sign, along with updating the system for the protection of distinctive signs through the implementation of the new provisions.

Another significant change included in the new Federal Law for the Protection of Industrial Property is that the validity of a trademark registration, as well as for a slogan or a tradename, will be 10 years as of the date of grant, while in the previous Law, their validity was 10 years as of the filing date.

The aforementioned amendment will only be applicable to trademarks, slogans and tradenames, filed as of November 5, 2020.

Trademark registrations, slogans, and tradenames will be valid for a ten-year period, which will be renewable for periods of the same length, such as in the previous Law. The renewal applications for registered trademarks must be filed along with the corresponding Declaration of Use (DOU), by which the titleholder of the registration of interest declares under oath that the same (trademark, slogan or/and tradename) is actually in use in...

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