Use Requirements in Mexican Trademark Law

According to Article 88 of the Mexican Industrial Property Law, a trademark is “any visible sign that distinguishes products or services of the same type from others of the same type or category on the market.” Unlike in the Unites States, Mexican trademark law does not recognize common law trademark rights. Instead, the first-to-file principle applies. The only way to obtain exclusive rights to use and enforce a trademark is through registration from the Mexican Institute of Industrial Property (IMPI).

Prior to developments in Mexican intellectual property law in 1991, trademarks were valid for 5 years from the application date, ...