Trade Dress, License Agreements And Assignment Of Rights

In accordance with the General Rules section of the new IP Law, the denial of granting trademarks when their contents or forms are contrary to morals and good customs have been eliminated.

In the past, the spirit of the legislation was to protect the consumer public of intangible assets from those considered to be disturbing, offensive or insulting. However, in the case of such broad concepts, the authority tended to interpret them in a discretionary manner, since there was no explicit definition in the norm on what was or was not moral or what would be understood as contrary to good customs.

Given the evolutionary advancement in the forms of creative expression to attract the consumer public, this suppression in the new IP law will allow greater flexibility when evaluating inventions and distinctive signs. In the specific case of trademarks, the registration of denominations containing some foul word that has variants in its connotation should be allowed,