REGISTRATION OF MARK

IINSTITUTO MEXICANO DE LA PROPIEDAD INDUSTRIAL

The intellectual property is conformed by the industrial property and for the property of authors that refers to the royalties.

The different existent modalities of industrial property in Mexico can obtain their protection by means of:

" Grant of Patents
" Register of Model of Utility
" Register of Industrial Design
" Register of Mark
" Register of Commercial Warning
" Publication of Commercial Name
" Declaration of Protection of Denomination of Origin

BRANDS

A brand can be a denomination, a visible figure, a three-dimensional form or the combination of these, sufficiently distinctive that serves to distinguish a product or a service of others of the same species.

4 types of brands exist:

1. NOMINATIVE. - they are the brands that allow to identify a product and their origin by means of a word or a group of words. Their importance resides in that should be distinguished phonetically, that is to say, they will be the sufficiently distinctive ones to differentiate the products or services in the market of those of its same species or type. The names of physical people can be registered as a brand.

2. INNOMINADAS. - This type of brand can be recognized visually but not phonetically. Their peculiarity consists in being a symbol, design, logo or any element that it is distinctive.

3. MIXED. – these are brands that combine words with figurative element.

4. THREE-DIMENSIONAL. - these are brands that protect the wrapping, packing, the form or the presentation of the products itself.

COLLECTIVE BRANDS. - One can register like collective brand any distinctive sign that the associations or societies of producers, makers, merchants or lenders of legally constituted services, request to distinguish in the market the products or services of their members regarding the products or services of third that don't form part of those associations or societies.

COMMERCIAL NAME - it is any denomination that serves to distinguish a company, from their competitors inside the geographical area where it is established. The commercial name and the right to their exclusivity will be protected without registration necessary.

COMMERCIAL WARNING. - they can register like commercial warnings.

Validity

The validity of the registrations of a brand or a commercial warning, as well as the publication in the Gazette of a commercial name is of ten years, starting from the date on which it was registered. The brands , warnings and commercial names can be renewed for the same period of time.

The brand registration expires when the renovation is not requested within six months after the expiration or when the brand is not used in three years by the products or services for that it is registered.

PATENT

Patent. – is a subjective right that the state grants exclusively to a physical or moral person for the exploitation, production or use of an invention. Exclusivity right.

One can patent an invention. You cannot patent a brand.

You can patent for 20 years starting from the date of presentation of the application.
Links- NO FUNCIONA EL LINK!