Patents And Trademarks
patents and trademarks are often confused by many people but each is distinct from the other both as a mode of protection and as a mode of registration.
The registration of trademarks and patents is an obligation and responsibility for any person or company that has any for-profit activity.
By registering a trademark before the IMPI, we guarantee that we are not violating the rights of any third party, thus avoiding a very costly legal problem, which could even cause our business to stop operating or a fine for commercial rights.
By filing a trademark application and if it does not contain errors, the IMPI blocks any other attempt to register the same or an identical phonetic trademark. In this way, it offers protection from the first minute. If the application is not well done, i.e. if it contains formal errors or in the chosen class, it will be rejected. This results in increased costs and time delay. Hence the importance of seeking advice from professionals specialized in trademark registration and not making mistakes.
On the other hand, already having a trademark registration title, we have the protection that any third party can use the trademark without our permission or even proceed to register it before the IMPI without our permission.
Trademarks and Patents
Patents work in a similar way, with a term of registration and protection of twenty years. Thus, the owner ensures that no one can use his invention without permission. Of course, the owner of the trademark or patent can request a royalty payment for its use.
A trademark must be registered because it is a sign with distinctive capacity that allows to differentiate products or services from those of others.
The only way to obtain the exclusive right over a trademark is to register it. This process is only done at the Mexican Institute of Industrial Property (IMPI).
The IMPI is the government agency in charge of regulating trademark and patent titles. It also protects the registrants’ registrations against unauthorized use.
Before starting with the trademark registration, learn about the different types of registrations so that you can use the one that best suits your needs.