Motion Marks In Mexico

On November 5, 2020, the new Federal  Law for the Protection of the Industrial  Property (FLPIP) came into force in  Mexico. Consequently, the IP legal framework  was modified, following the amendments to the  Mexican Industrial Property Law of August 2018. Prior to the 2018 modifications, the official  definition of trademark was as follows: "Every  visible sign that distinguishes products or services  from others of their same kind or class in the  market". Therefore, in order to be considered as  a mark, the sign must be "visible" or observed  through the sense of sight.

Since 2018, the definition of trademark was  amended to read 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 distinguishes  products or services from others of the same  kind or class in the market,", opening the possibility  of protecting non-traditional trademarks in  Mexico.