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 2025

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

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 insensitive reaction to a UK politician crying on TV proves we have a long way to go before we can say we are tackling workplace wellbeing
Adrian Percer says he was impressed by the firm’s work on billion-dollar cases as well as its culture
In our latest interview with women IP leaders, Catherine Bonner at Murgitroyd discusses technology, training, and teaching
Developments included an update in the VAR dispute between Ballinno and UEFA, the latest CMS updates, and a swathe of market moves
The LMG Life Sciences Americas Awards is thrilled to present the 2025 shortlist
A new order has brought the total security awarded to a Canadian tech company to $45 million, the highest-ever by an Indian court in an IP case
Andrew Blattman reflects on how IP practices have changed and shares his hopes for increased AI use and better performance on the stock market
The firm said major IP developments included advising on a ‘landmark’ deal involving green hydrogen production, as well as two major acquisitions
The appointments follow other recent moves in the European market as firms look to bolster their UPC offerings
Deborah Kirk discusses why IP and technology have become central pillars in transactions and explains why clients need practically minded lawyers
Gift this article