Trademark use in Mexico

Use of the trademark in Mexico

Trademark use in Mexico in good faith and in full of an earlier trademark would confer the right of the interested party to request the cancellation of a conflicting registration. It would also give this user the possibility to defend against the unfair exercise of a lesser mark.

The use of a mixed scheme can cause a problem for a brand?

As the Mexican experience indicates, complex issues and problems could arise from the use of a mixed scheme such as the one followed in the LIP. Aspects related to territoriality require further analysis in the framework of the use and development of trademark registrations. In practical terms, all of the above could be classified as follows.

SITUATION A: USE OF THE SAME OR SIMILAR TRADEMARK BETWEEN TWO OR SEVERAL PARTIES, BUT ONE OF THEM HAS NOT BEEN ABLE TO OBTAIN SUCH REGISTRATION.

In this hypothesis, none of the parties is entitled to bring infringement actions against any other user of the same or similar trademark. If it is considered that the infringement action will only be inferred from the registration of the trademarks, it could happen that the same and similar trademarks coexist and overlap each other in the Mexican space, or in any municipality, state or region of Mexico.