Mexican IP law does not recognize certification marks (marks identifying products or services whose quality meets particular standards) as a different type of mark. Thus, certification marks are usually registered as service marks in international class 42. Such registration may not prevent third parties from registering the same mark in a different class and use it for non-certified products and services, potentially misleading the public, and thus jeopardizing the value of the certification mark. Under the current Mexican Industrial Property Institute (IMPI)'s examination procedures, it is unlikely that the examiner's prima facie analysis in a cross-class examination will lead him to deny registration based on likelihood of confusion between the certification mark and that of the application filed in a totally different class.
