A number of amendments to the Industrial Property Law's trademark chapter were published in the Official Gazette on 18 May 2018 and entered into force on 10 August 2018. The related regulations will be published shortly.
The key changes introduced by the amendments are as follows.
Declarations of use The amendments stipulate that a declaration of use must be submitted within three months from the three-year anniversary of the granting of a trademark registration. If such a declaration is not filed, the trademark registration will lapse.
Non-traditional trademarks Sounds, smells, holograms and trade dress can now be registered as trademarks.
Coexistence agreements and letters of consent It is now possible to submit coexistence agreements or letters of consent in order to overcome a cited anticipation.
Certification trademarks It is now possible to obtain a certification trademark.
Class headings Trademark applications which feature class headings will no longer be accepted. Instead, applicants must submit precise descriptions of the relevant goods and services in accordance with the Nice Classification.
Secondary meaning Marks that have acquired distinctiveness in the market can now be registered.
Opposition system Examiners no longer have to consider an opposition or issue a grounded decision regarding the merits of the opposition brief.
Bad faith Bad faith has been introduced as an obstacle to trademark registration and a ground for the cancellation of a trademark registration.
Cancellation of a registration based on prior use The deadline for filing an action based on prior use has been extended from three to five years.
For further information on this topic please contact Rosa Nuria Becerril at Becerril, Coca and Becerril SC by telephone (+52 55 5263 8730) or email ([email protected]).The Becerril, Coca & Becerril website can be accessed at www.bcb.com.mx.
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