Urgent Updates To Trademark Law In Mexico

Antonio Belaunzarán and Carlos Reyes help readers become aware of some critical amendments that the Mexican Trademark Law (MTL) requires to make Mexico a truly competitive country in terms of trademark protection.

There have been two important amendments to the MTL. The first, and the most extensive, was enacted in June, 1994, which resulted of the compromises acquired by Mexico under the North America Free Trade Agreement (NAFTA). At the time, this was seen as very relevant and even qualified by some trademark practitioners as the biggest step for modernization of the Mexican Trademark Law system. Included, among others, were updates in the definition of trademarks, descriptiveness, well-known status, in the trademark invalidation and cancellation administrative proceedings, and enforcement of trademark rights. The second update, implemented in June 2016, included the long awaited trademark opposition, in force since August 30, 2016.