The Mexican government, through the Ministry of Economy, is the holder of the “Hecho en México” (Made in Mexico) trademark, which is an official distinctive sign that may
情報源: Use of the Hecho en México® Trademark
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While the new laws make numerous changes to Mexico’s intellectual property framework, the most substantial change is that a declaration of use must now be filed for all trademark registrations within three months of the third anniversary of the registration date. So, for example, if a trademark is registered on Jan. 1, 2021, a declaration of use must be filed before April 1, 2024. This new rule is applicable to all registrations granted after Aug. 10, 2018. A declaration of use must also be filed when a trademark owner seeks to renew its registration. If the trademark owner does not prove use of the mark in Mexico in the appropriate manner and timeframe, the owner will be considered to have waived and renounced its trademark.
情報源: Declaration of Use Now Required for Mexican Trademark Registration
Among the most relevant changes in this new Federal Law for the Protection of Industrial Property in Mexico is the one contained in Article 214 (formerly 113 of the former Industrial Property Law), which stipulates additional requirements for the filling forms when submitting a new trademark application, such as “the description of the mark” and Article 216 which stipulates that “the graphic elements that are not part of the mark must be indicated by dashed or dotted lines on its representation”. These new requirements will be applicable for trademarks filed from November 5, 2020.
On 30 June the House of Representatives voted and approved 3 decrees whereby (1) A new Federal Law for the Protection of Industrial Property is enacted, (2) Federal Copyright Law is amended; and, (3) Federal Criminal Code is also amended in connection with offenses against Intellectual Property.
