The New IP Mexican Law – Relevant Changes On Litigation – Trademark Registration Invalidity Actions

As we have informed in previous newsletters, the Federal Law for the Protection of Industrial Property will come into force on November 5, 2020 and the same contains several changes having a direct impact on trademark registration invalidity actions. These changes are detailed as follows:

• Regarding invalidity causes of action based on prior use and prior existing registrations, partial invalidity actions are incorporated and regulated but only in connection with the goods and services covered by the trademark registration.

In these cases, it is established that if the Mexican Patent and Trademark Office (IMPI) issues a ruling declaring the partial invalidity of a trademark registration, a marginal record would be included in the registration certificate stating the modifications and the causes generating the same.