SIMPLER PROCEDURE FOR OBTAINING DECLARATIONS OF FAME OR WELL-KNOWN MARKS.
Mexico recognizes the protection and recognition of a well-known trademark or famous trademark by means of a declaration issued by the Mexican Institute of Industrial Property (MIIP).
A mark is considered as well-known in Mexico, when a determined sector of the public knows the mark as a consequence of the commercial activities developed in our country or overseas, or, from the promotion or advertising of same. These marks are only known by the people specialized in the sector of commerce of the brand and they are not necessarily known by the people in general or massive consumers.
Furthermore, a Famous Mark is the one being known by most of the consumers. Unlike Well-Known Marks that require to be known by a determined commercial sector, Famous Marks are those known by the public in general which includes any commercial sector, namely, they are brands that are known by any person disregarding their age, sex, religion or social and economic level.
The main advantages of obtaining the Official declaration of well-known or famous trademarks are as follows:
- Having a declaration of fame or well-known status constitutes recognition from the State of the significance of a mark in Mexico, as well as the rights of its owner, thus these marks acquire special attention from other authorities such as Customs Authorities and General Attorney’s Office.
- A Declaration of Fame may be useful in proceedings abroad, as duly showing the worldwide relevancy of a trademark.
- The public recognition of the trademark.
- A declaration of fame or well-known status promotes the protection of IP rights as a proactive solution for avoiding that third parties acting on bad faith and opportunism achieve protection for marks that are in fact famous or well-known in Mexico.
- A Declaration of Fame constitutes strong evidence in litigation proceedings.
- To enable you to defend the mark against third parties through infringement actions or criminal actions despite the goods or services offered by third persons.
The MIIP will be obliged to block any registration for an identical or confusingly similar trademark to the one declared famous or well known. If the trademark is famous the block will be effective in any of the 45 existing classes. If the trademark is well-known it will be effective on the class where it acquired its notoriousness and any other related classes.
Achieving a Declaration of Fame promotes the protection of IP rights as a proactive solution consistent on avoiding that third parties acting on bad faith and opportunism achieve protection for marks that are in fact famous or well-known, but they have not been declared as that by the MIIP yet.
Due to the entrance of the New Federal Law for the Protection of Industrial Property, the MIIP has simplified the evidence that must be submitted in order to obtain the Declarations for this kind of marks.
In fact, in order to simplify the process of obtaining such Declarations, it is no longer necessary to submit information that the companies used to considered as confidential, such as:
- The investment made over the last three years on advertising or promotion of the mark.
- The geographical area of effective influence of the mark.
- The volume of sales of the products or the income perceived with respect to the mark during the last three years.
- The economic value of the mark.
Our firm has successfully applied and obtained several declarations for famous and well-known trademarks for many of our top tier clients, which have attested their benefits.
In case you are interested or wish to receive further information regarding this, please contact us and will be pleased to assist you.
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