Trademarks Comparative Guide

1 Legal framework

1.1 What is the statutory or other source of trademark rights?

The Federal Law for the Protection of Industrial Property. Mexico is also a signatory to agreements such as:

• the Paris Convention for the Protection of Industrial Property;
• the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks; and
• the Agreement on Trade-Related Aspects of Intellectual Property Rights.

1.2 How do trademark rights arise (ie, through use or registration)?

The exclusive right of use of a trademark arises from registration. Use of an unregistered trademark may create certain rights. Notably, prior use can be asserted both as a defence against a trademark infringement claim and as a basis to challenge the validity of a trademark registration.