Trademarks are part of the so-called distinctive signs of companies, and in accordance with our national legislation, the trademark is any visible sign that distinguishes products or services from others of the same kind or class in the market.
The brand has a validity of ten years counted from the application filing date and it may be renewed for periods of the same duration.
Trade Names, also forms part of the so-called distinctive signs of companies, and is formed by the name of a company or industrial, commercial or service establishment, and the right to its exclusive use will be protected, without the need for registration. The protection will cover the geographic zone of the effective clientele of the company or establishment to which the commercial name is applied and will be extended to all Mexico if there is massive and constant dissemination at the national level thereof.
The Commercial Names are valid for ten years counted from the application filling date and may be renewed for periods of the same duration.
Advertising Slogan, it is considered commercial notice to phrases or sentences that are intended to announce to the public business, industrial or service establishments or negotiations, products or services, to distinguish them from their kind.
The advertisements slogan are valid for ten years counted from the application filing date and it may be renewed for periods of the same duration.
Appellation of Origin, is understood as the name of a geographical region of the country that serves to designate a product originating from it, and whose quality or characteristic is due exclusively to the geographical environment, including natural and human factors.
According to WIPO (World Intellectual Property Organization), the appellation of origin is a special kind of geographical indication generally consisting of a geographical name or a traditional designation used on products which have a specific quality or characteristics that are essentially due to the geographical environment in which they are produced.
Although an appellation of origin exists without the need to issue a declaration of protection, however, in order for it to be protected, a declaration of protection must be requested before the Mexican Institute of Industrial Property. The appellation of origin holder is the Mexican State, and the protection is entrusted to the Mexican Institute of Industrial Property, who can authorize the use of the appellation of origin in accordance with the procedure provided for by the Industrial Property Law.
The effects of the authorization to use an appellation of origin will last ten years, counted from the application filing date in the Mexican Institute of Industrial Property, this authorization may be renewed for equal periods.
Currently Mexico has 15 appellations of origin, being the following:
Ámbar de Chiapas (amber); Arroz del Estado de Morelos (rice); Bacanora (distilled beverage); Café de Chiapas (coffee); Café de Veracruz (coffee); Charanda (alcoholic beverage-formerly known as aguardiente); Chile Habanero de la Península de Yucatán (protects a variety of chile); Mango Ataúlfo del Soconusco Chiapas (mango); Mezcal (alcoholic beverage made from the distillation of the heart of Maguey); Olinalá (wooden crafts); Sotol (alcoholic beverage made with wild agave); Talavera (handmade ceramics); Tequila (alcoholic beverage obtained from blue agave); Vanilla de Papantla (aromatic spice); Cacao Grijalva (cocoa).
The validity of the declaration of protection of an appellation of origin will be determined by the subsistence of the conditions that motivated it and will only cease to be effective by another declaration of the Mexican Institute of Industrial Property (IMPI).
The Mexican Institute of Industrial Property (IMPI), through the Foreign Relations Office, will carry out the corresponding procedure to obtain the recognition of an appellation of origin abroad in accordance with International Treaties.
In industrial creations, our team has wide experience to conduct background searches, in order to give the client the best perspective to achieve the registration of their trademark or distinctive sign, in the same way, our experience in litigation has given us enough experience to initiate or defend the trademark in an opposition proceeding, as well as the challenges against the refusals decreed by the IMPI (Mexican Institute of Industrial Property), and in the corresponding judicial instances.
Our team is also in charge of timely reporting of the renewal periods of the records, as well as the preparation of all types of contracts related to industrial property, such as licenses for use, coexistence agreements, and registration assignments.