The New IP Mexican Law – Partial Non-use Cancellation Actions

Following our analysis of the new Federal Law for Proteñction of the Industrial Property, same that will come into force on November 5, 2020, we observe that one of the most significant amendments in this new law, is the introduction of partial non-use cancellation actions. With this new modality of non-use cancellations, the Mexican Institute of Industrial Property (IMPI) will be empowered to declare the cancellation of the registration, either in its entirety, or in connection with specific products or services that are not in use.

The foregoing implies that, unlike the former law (which allowed keeping a registration if the use of the trademark was proved in connection with any of the products or services covered by it), with this new law it will be necessary to prove the use of the trademark in connection with all the products or services covered by the registration, otherwise, the authority could declare the partial cancellation of the registration in regard to