Firm

The Decree on Amendments to Trademark Law in force as of August 10 2018 introduced new legal concepts to the IP Law to update and reinforce the intellectual property system in Mexico.

Until 2017, it was clear from several decisions of the Austrian Supreme Court that trade marks registered in bad faith were invalid and therefore could be successfully attacked any time and that asserted rights based on them would be rejected as immoral. However, the decisions went further: the mere use of that sign was held to be inadmissible and therefore could be forbidden as such without any other reason.

In Brazil, the courts, rather than the Brazilian Patent and Trademark Office (BPTO), have the final say about the registration or cancellation of a patent, design or trade mark.

The name of the castle of Ludwig II of Bavaria, Neuschwanstein, was filed as a European trade mark by the Free State of Bavaria in many classes of goods and services (3, 8, 14-16, 18, 21, 25, 28, 30, 32-6, 38 and 44). As its validity was contested, the question arose as to whether such a name was descriptive of the geographical origin of the goods and services claimed in the application.

Mexico is a nation made up of diverse cultures supported by its indigenous people. The population that is considered indigenous represents 21.5% of the total population of the country.

When inventions/designs are disclosed to the public by one of the inventors/designers or applicants, a one year grace period is available in Korea for patent, utility model, and design applications.