Registration Of Three Dimensional Trademarks In Mexico

In Mexico exclusive rights for using a trademark are acquired only through registration. The Mexican Law of Industrial Property (LIP) classifies trademarks in four categories for the purposes of registration, namely: word marks; design marks; composite marks (words in combination with a design) and three-dimensional marks.

In a general manner the LIP establishes that tree-dimensional forms may qualify for trademark protection. In turn the Regulations thereof specify that wrappings, packing, bottles, containers and the presentation or form of the products themselves will be deemed as three-dimensional forms.

Prior to the LIP only bottle shapes qualifies for protection, though there was no specific recognition in the law for three-dimensional marks. Accordingly, since the LIP became effective on June 28, 1991, applications for three-dimensional forms have kept the Trademark Office's examiners very busy.