When introducing medicinal products to any market, the strength of the trademark is crucial. But the Mexican system requires getting trademark approval from two different authorities.
Trademark registration system
Trademarks in Mexico are regulated under the Industrial Property Law (IPL) and its regulations. In general, businesses, merchants, or service providers can use trademarks in industry, commerce or in the services they render (Article 87, IPL). The right to their exclusive use is obtained through their registration with the Mexican Institute of Industrial Property (IMPI). Any person or entity is entitled to apply for a trademark registration before the IMPI, and actual use is not required by the IPL.
All visible signs can be protected provided that they are sufficiently distinctive, and are able to identify the products or services to which they are applied, or are intended to be applied, from those in the same class (Article 89, IPL). Under this definition, olfactory and auditory trademarks cannot be protected.
To continue reading this article and to access our full archive, digital magazines and special reports you will need a subscription.
Start a subscription today to access the LSIPR website
If you have already subscribed please login.
For multi-user price options, or to check if your company has an existing subscription we can add you into, please email Atif at achoudhury@newtonmedia.co.uk
If you have any technical issues please email tech support.
For access to the complete website and archive choose '12 MONTH SUBSCRIPTION'. For a free, two-week trial select ‘TWO WEEK FREE TRIAL’.
IPL, IMPI, pharmaceuticals, COFEPRIS
