On 18 May 2018, the Mexican Congress made public the Amendments and Additions to the Industrial Property Regime in Trademarks, introducing important modifications to prosecution and opposition of distinctive signs in that country.
With the reform, the trademark concept was modified –being now extended to non-traditional brands (including non-visual brands, such as auditory or olfactory brands) – and additionally recognizing coexistence agreements in trademarks. On the other hand, the definition and protection of trade dress was deepened and the regulation on collective trademarks and certification was improved (the latter can now be registered).
Regarding trademark oppositions, its procedure was reformed and now will be similar to contentious proceedings, when the presentation of evidence is allowed. There are also changes in trademark expiration, as it is necessary for the owners to state that they are using them, under penalty of an automatic declaration of expiration. Finally, it will now be possible to request the nullity of a trademark if it was “obtained in bad faith”.
The law (available at the following link) will be enacted in the next 60 business days.
