On August 10, 2018, one of the most awaited Industrial Property
Law amendments entered into force. As in all modifications, various
legal statutory provisions were added, that many could consider as
a limitative and coercive amendment of enshrined and previously
acquired rights by individuals.
As it happens in amendments of law, there are statutory
provisions which confer advantages and rights in certain areas
and/or situations to some individuals. There are also some other
provisions that limit and coerce previously acquired rights for
other individuals and therefore are a disadvantage, as in the case
of the interposed obligation to trademarks' registration owners
with respect to what is established by Article 128 of the
Industrial Property Law in force, related to the Declaration of Use
that must be submitted before the Mexican Institute of Industrial
Property on every trademark registration so as to avoid having such
registration cancelled.
