Friday, 1 August 2008

IMPI rules on time limits for TM cancellation actions

IMPI, the Mexican Institute of Industrial Property, has issued a series of decisions that impose time limits on cancellation actions, taking the view that an action for trade mark cancellation must be brought within a time limit of five years where it is alleged that the mark in question is confusingly similar to another mark. These decisions, which seek to clarify the law and avoid the risk of abuse of rights, are pending appeal before the Mexican federal courts [source: Roberto Arochi, Arochi Marroquín & Lindner SC, Mexico City, writing in World Trademark Report].

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