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Tuesday, 16 August 2016

Patricia Covarrubia

Mexico: time to oppose to trade mark registration

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At the end of this month (August 30, 2016) Mexico will implement an opposition system in trade mark.

Image result for roadshowIn May this year the Latin America IPR SMEs Helpdesk and the UK Intellectual Property Office (UKIPO) collaborated on a roadshow in the UK. Participating in one of this workshops in Reading we cover ‘Intellectual Property Rights in Latin America – sources of help and support’ and one of the issues covered was the (lack of) trade mark opposition in Mexico.

Mexico is one of the few countries which does not provide for trade mark opposition proceedings. The Instituto Mexicano de la Propiedad Industrial (IMPI) is the administrative authority legally authorized to conduct ex officio examinations of trade mark applications on absolute and relative grounds. As noted in the World Trademark Review, Mexico is not bound to introduce opposition proceedings as a result of its accession to the Madrid System, but this amendment would make the trade mark system more efficient. Colombia was the first Latin America emerging country to ratify the Protocol on the Madrid Agreement (2012), then Mexico (2013). Cuba signed in 1995.

On 23 August José Miguel Mena López, Legal Services Manager at Clarke, Modet & Cº Mexico will be holding a Webinar on the implementation of the opposition system in Mexico. Details of the Webinar and how to registry can be found here.

Patricia Covarrubia

Patricia Covarrubia