Octavio Espejo

Senior Partner, Patent and Technology Practice

octavio-espejo-hinojosa

Industrial Property also runs in the Grand Prix of Mexico.

11/11/2021

Industrial Property also runs in the Grand Prix of Mexico.

On November 8, the Mexican Formula 1 Grand Prix will be held, this event is undoubtedly a great economic engine for the cities that organize it. In this frame of reference, there are Industrial Property issues that must be taken care of to safeguard the related rights and avoid the infringement of third parties that may have valid records in our country. In accordance with article 171 of the Federal Law for the Protection of Industrial Property (LFPPI), a Trademark is defined as any sign perceptible by the senses and capable of being represented in a way that allows determining the clear and precise object of the protection, which distinguish products or services from others of the same kind or class in the market.

That is why when someone seeks to register a trademark, the initial intention is to exploit it in the country of origin, and finally have this trademark recognized worldwide. The best showcase for this is an event that attracts all eyes such as Formula 1. In motor sport, sponsorships are very important since being an elite sport it is very difficult to pay for all the development and technology that it represents creating a competitive car and more so now that we are in the hybrid and innovation era.

There are two brands that are the most relevant that race after race continue to be exploited by the fight they carry hand in hand for the world championship, they are Mercedes and Red Bull, the latter has been gaining followers in the last two seasons due to the arrival of the only driver which represents not only Mexico but Latin America, Red Bull is no longer just the energy drink brand, it has been more commercialized in relation to the sales of souvenirs such as jackets, sweatshirts, thermos, caps which are a benefit since all these licenses are reflected in marketing strategies or promotions that can later be translated into higher sales.

With the arrival of Sergio Pérez to the “red bulls” team, this brand no longer has a presence only in Europe, which was its main market, now Mexico is its market number 2. With this and in accordance with Article 190 of LFPPI this distinctive sign begins to comply with the definition of a well-known brand, since a certain sector of the public or commercial circles of the country, knows the brand as a consequence of the commercial activities carried out in Mexico or abroad by a person who uses that brand in relation to its products or services or, as a result of its promotion or advertising.

Similarly, for the 2022 season and all the updates to come, Honda will stop participating in the circuit and be one of the main engine suppliers. Red Bull has reached an agreement with the Japanese brand involving patent licenses related to the power units that they manufactured to continue with production and continue to innovate in hybrid technology. The purpose is to generate quite competent power units, for which a new division of the brand was created which will be called Red Bull Powertrains Limited, which will allow the use of the technology to be extended until 2025, the year in which the new generation of engines will be presented.

The protection and development of Industrial Property is a determining factor for Formula 1 to be the most popular motor sport circuit worldwide and one of the most profitable as well. The use and defense of these rights can also influence the outcome of the competition on the track.

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