Amendments to Trademark Provisions of The Mexican Industrial Property Law.

Mexico is taking steps forward in the protection of Intellectual Property by passing two main reforms in IP bills, regarding the protection of designs, trademarks and geographical indications. This shows an effort to include more protection on industrial design and intellectual property which was included in a limited way previously in Mexican Law.

The published Decree establishes in the second article of the Transitional Provisions that the trademark applications that are being prosecuted at the time that the amendments enter in force, will be resolved according to the Legal Dispositions that were in force on the filing date of the application.

The officers have informed that all registrations granted after August 10, 2018 (even though they were filed before such date) must submit the Declarations at the third year. On the contrary, all registrations that were granted before August 10, 2018 do not need to submit the Declaration at the third anniversary but only at the time of renewal.

In order to be on the safe side and avoid any unnecessary risks for our clients, for all marks that were granted from May 10, 2015 onwards, it is advisable to submit the Declaration of Use. Declarations of Use cannot be filed through WIPO and must be submitted directly before the Mexican Institute of Industrial Property.

As soon as the regulations are published we will inform you accordingly.