New Mexican trademark landscape as partial non-use cancellation actions considered

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

New Mexican trademark landscape as partial non-use cancellation actions considered

Sponsored by

olivares-400px.jpg
law-law-8429916.jpg

Three years after a new industrial property law took effect, the time has come for an important action to become available regarding contested trademark registrations. Emmanuel Chávez of OLIVARES heralds a ‘positive’ development

The Mexican Federal Law for the Protection of Industrial Property (the New IP Law) entered into force on November 5 2020, in response to the entering into force of the United States–Mexico–Canada Agreement.

The New IP Law introduced partial non-use cancellation actions, which may only be initiated against registrations that were applied for, and granted, under the New IP Law.

To initiate these actions, it is necessary that a term of three years has passed since the date of registration. Thus, as it has been three years since the entering into force of the New IP Law, the first partial non-use cancellation actions are to be initiated and decided soon.

Commentary on Mexico’s new system on trademark use

These new actions will have a positive impact on the legal system in Mexico, eliminating trademarks covering the ‘heading class’, or general headings, but allowing new trademarks for organisations in specific sectors that are interested in using their trademark effectively, which will provide incentives for further creativity.

It will be interesting to see how the Mexican Institute of Industrial Property (IMPI) will analyse the evidence to determine if a trademark has been used for a product or service.

It will take some time to establish a criterion for these kinds of actions, since there will be decisions from IMPI, the Federal Court for Administrative Affairs, Federal Circuit Courts, and even the Supreme Court of Justice.

more from across site and SHARED ros bottom lb

More from across our site

The firm is shaping its AI strategy around partnerships with Harvey and Legora alongside internally developed tools from its legal technology company, ELTEMATE
A dispute Down Under shows why trademark lawyers cannot afford to wait on the sidelines when a rival brand gathers momentum
The Third Circuit’s decision in Thomson Reuters v ROSS marks the first appellate-level decision addressing AI and fair use, prompting copyright counsel to consider arguments around potential licensing markets
Injunctions for HandsFree Labs and Align Technology come as the Court of Appeal warns that busy teams must have the staffing and resources to meet UPC deadlines
The chief technology officer remit, which has been created as the firm is building its litigation team, will include expanding the use of AI in patent and legal work and automating manual processes
Former Hoyng Rokh Moneiger partner Laura Alonso, who brought her team to ECIJA in March, discusses plans to expand further and why ECIJA’s ‘IP DNA’ is helping broaden her work
Amita Haylock discusses building an integrated Asia practice as clients increasingly demand that firms combine IP, technology and data expertise
François Pochart, Grégoire Desrousseaux and Lionel Martin, long-standing figures in the firm’s patent litigation team, are set to help launch a Paris-based litigation offering
The Unitary Patent has passed 100,000 registrations, but new data raises the question of whether 30% uptake is a ceiling or a staging post for further growth, say Michael Nielsen and Darren Smyth of EIP and Andrew Samm at Patently
The new generation of in-house IP leaders want commercial judgment, accessibility and flexibility, with AI raising expectations around both fees and delivery
Gift this article