Non-Traditional Marks

As is generally known, on August 10, 2018, several amendments to the now repealed Industrial Property Law entered into force. It stood out the inclusion of non-traditional marks which emerged as a significant phenomenon in the field of the industrial property law in Mexico. Unlike traditional marks, which are limited to denominations, figurative elements, such as words, designs or symbols ¹ , non-traditional marks encompass a variety of shapes, colors, sounds, smells and other elements that may be used to identify products or services.

The current Federal Law for the Protection of Industrial Property (LFPPI), which entered into force on November 5, 2020, in its article 171 establishes that traditional and non-traditional marks are "any sign perceptible by the senses and capable of being represented in a way that allows determining the clear and precise object of protection, which distinguishes products or services from others of the same kind or class in