Preface
The Federal Law for the Protection of Industrial Property provides two situations of recognition for trademarks.
According to composition 190, a trademark will be understood to be" well given" in Mexico when a certain sector of the Mexican public or Mexican marketable circles is apprehensive of the trademark due to marketable conditioning carried out in Mexico or abroad by a person that uses similar trademark in connection with its products or services; or
as a consequence of the creation or advertising of similar trademark.
Secondly, it will be understood that a trademark is "famous" in Mexico when it is known by most of the consuming public, or when it is diffused or recognised in global commerce.
A famous trademark thus acquires great recognition, to the extent that most of the consuming public can identify it, regardless of race, gender, age, socioeconomic level or geographic area.
Some famous trademarks in Mexico include:
ELEKTRA;
ITALIKA;
EXA;
BRIDGESTONE;
FIRESTONE;
RED BULL;
CINEPOLIS;
BIMBO; and
EL PALACIO DE HIERRO.
Background
When the procedure to gain a protestation of fame was enforced in 2005, it was veritably complex and needed the donation of a lot of information and attestation that, in numerous cases, was veritably delicate to gain. Trademark possessors were occasionally reticent to submit sensitive and nonpublic information, similar as fiscal statements or deals reports, considering that the information submitted is considered public. lately, the procedure has come less complex and the conditions for proving fame or notoriety have come more flexible. Trademark possessors may indeed request that the Mexican Institute of Industrial Property( IMPI) keeps certain information nonpublic and, thus, that similar information isn't included in the sanctioned train.
Procedure
According to recent professional practice, in order to gain a protestation of fame, it's necessary to give details of the factual or implicit consumers who identify the trademark with the products or services it covers, grounded on a check, request study or any other means permitted by law;
other sectors of the public( ie, not factual or implicit consumers) who identify the trademark with the products or services it covers, grounded on a check, request study or any other means permitted by law;
the marketable circles – made up of merchandisers, industrialists or service providers relating to the kidney of goods or services – who identify the trademark with the goods or services it covers, grounded on a check, request study or any other means permitted by law;
the date of first use, the time of nonstop use and the time of effective advertising of the trademark in Mexico and, in certain cases, abroad
the marketing channels in Mexico and, in certain cases, abroad
how the trademark has been broadcast in Mexico and, in certain cases, abroad
the licences or votes that have been granted in connection with the trademark; and
the chance of participation of the trademark in the corresponding sector or member of the request.
In order to gain a protestation of fame, it's judicious to seek the advice of an expert in the matter.