No matter how many clients I advise, or how many conferences it imparts in at least 80% of the cases I find no or very weak trademark protection. For some strange reason both entrepreneurs and entrepreneurs often think that “legal” is not indispensable to attend to the beginning of the business, but when they already have something consolidated.
They could not be more wrong. Just Saturday I was teaching intellectual property classes for some entrepreneurs in Queretaro and one of them told me? We lost the business of life for not patenting in time, Microsoft was ahead of us and we did not want to do it for not spending $ 25,000 pesos. Although not talking about brands but software, which is subject to patent protection in the United States the example, may well, be extended to trademarks.
A registered trademark is a title in which the State grants the exclusive right to use a distinctive sign for the identification of a product or service in the market. Article 87 of the Industrial Property Law (LPI) states that industrialist’s traders or service providers may use trademarks in the industry, trade or services they provide. However, the right to its exclusive use is obtained through its registration in the Institute.
By their composition, the marks can be nominative (formed by words), unnamed (formed by symbols, images or figures), mixed (formed by words and symbols, images or figures) and three-dimensional (wrappers, packaging, Its representation). There are 45 classes where you can search for the registration of your brand (International Classification of Products and Services for the Registration of Marks), of which 34 are for products and 11 are for services.
The protection granted by the Law of Industrial Property to trademarks is 10 years (counted from the date of submission of the application), renewable for equal periods. The approximate time of the process before the Mexican Institute of Industrial Property (IMPI) is between 4 and 6 months. Sometimes people think that registering a brand serves to “protect an idea”, that is, so that no one else uses it, but they also do not know for sure when they will use it. This is also incorrect the registration of a trademark compels you to use it in trade.
If a trademark is not used for three consecutive years in the products or services for which it was registered, the registration will expire unless its holder or the user who has granted an enrolled license would have used it during the previous three consecutive years to the filing of the request for administrative declaration of expiration. That is, if you do not use your brand in 3 years, you can lose it through an “expiration” procedure that any interested party can start.
This may well be the first recommendation. Before registering your brand in the IMPI, it is advisable to do basic searches on the internet to ensure that no one else is using your brand in relation to the same products or services that you want to distinguish with it. Even if you obtain your trademark, it is possible that a interested third party can request the nullity of the same if it can verify that he was making use of that mark before.