Reforms to the Industrial Property Law
The Law of Industrial Property aims to promote creativity for the designs and presentation of new and useful products; in addition to regulating and granting patents of invention, records of utility models, industrial designs, trademarks and commercial notices, publication of trade names, protection of denominations of origin and regulation of industrial secrets.
The modifications that are made in the Industrial Property law are to improve the protection of creativity in the industrial designs, and obey the simplification and homogenization of regulations and procedures with the international scope.
The updating of the reforms to the Industrial Property Law will bring benefits to the country.- Senate of the Republic
The National Official Gazette has published several reforms to the Industrial Property Law last ay 22 of the current year, which include the following:
- The registration of olfactory brands (that is, to protect a particular odor) and auditory or sound brands will be allowed. The objective of this is to promote competition and to attract new products to our country.
With this reform, the meaning of a brand is updated so that it is considered to mark every visible sign for the senses and that can be presented.
- The obligation is imposed by the registered trademark owners to present a declaration of use of the trademark every three years before the Mexican Institute of Industrial Property. If this declaration is not presented, the trademark will expire.
- The registration of certification brands will be allowed, which are signs that distinguish products and services whose qualities or other characteristics have been certified by its holder, such as:
I. The components of the products;
II. The conditions under which the products have been manufactured or the services rendered.
III. The quality, processes or other characteristics of the products or services, and
IV. The geographical origin of the products.
This is done in order to add greater value to the brand and to be able to generate more quality products and services, always through legal competence.
*These reforms will come into force within 60 days.
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