Trademark and Patent Law: Key Concepts and Procedures
Denomination of Origin
Denomination of origin: Name of a country’s geographical region.
Invalidity, Revocation, or Cancellation of Registration
Registration of a mark will be void when:
- The record has been granted on the basis of false data.
- The mark is identical or similar, to a degree of confusion, to one that has been used previously.
Registration Lapse
Registration will lapse if:
- It is not renewed under the terms of this Act.
- When the mark has ceased to be used during three consecutive years.
Cancellation
The proprietor has caused or tolerated it becoming a generic name that corresponds to one or more of the products or services for which it was registered.
Licensing and Law Transmission
To register a license at the Institute, it is sufficient to make the request in the terms established by the regulations of this Act.
Cancellation of registration of a license shall proceed in the following cases:
I. – When jointly requested by the trademark owner and the user to whom the license was granted.
II .- Due to invalidity, revocation, or cancellation of trademark registration, or in the case of trademarks submitted and not pursuant to registration thereof.
III .- By court order.
Trademark Registry
To obtain registration of a trademark, an application must be submitted in writing to the Institute with the following information:
- Name, nationality, and address of the applicant.
- The hallmark of the brand.
Trade Names
The trade name of a business or industrial, commercial, or service establishment and the right to its exclusive use will be protected without registration.
Commercial Notices
The exclusive right to use a commercial notice is obtained through registration with the Institute.
Commercial Notice Definition
A commercial notice is considered to be phrases or sentences that aim to announce to the public establishments or commercial, industrial, or service providers, products, or services, to distinguish them from others of their kind.
Well-Known and Famous Marks
A mark is considered famous in Mexico when it is known by the majority of consumers.
Collective Marks
Collective marks are those that can be requested by associations or societies of producers, manufacturers, or commercial service providers.
Marks and Trade Names Reviews
Marks
A mark means any visible sign used to distinguish goods or services from others of the same class or kind on the market.
The following signs may constitute a mark:
- Visible names and figures.
- Three-dimensional forms.
- Trade names.
- Proper name of a person.
Marks That Cannot Be Registered
- Animated or moving names, pictures, or three-dimensional shapes.
- Three-dimensional forms that are of public domain.
- Titles of intellectual or artistic works.
Trademark Registration Validity
Trademark registration is valid for 10 years.
Industrial Secrets
An industrial secret is considered to be any information of industrial or commercial application that a person or entity keeps confidential.
Invalidity and Lapse of Patents and Registration
The patent or registration shall be void in the following cases:
- When during the proceedings, the application is abandoned.
- When it has been granted in contravention of the provisions on requirements and conditions for the grant of patents or registration of utility models and industrial designs.
Other
What is Not Considered an Invention
- Software programs.
- Theoretical or scientific principles.
- Aesthetic creations and artistic or literary works.
- Discoveries consisting of making known or revealing something that already existed in nature.
What is Not Patentable
- Animals.
- The human body and the living parts that make it up.
- Plant varieties.
Invention Definition
An invention is any human creation that allows the transformation of matter or energy that exists in nature, for use by humans to satisfy their concrete needs.