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Comprehensive brand protection

By: Jaime Israel Dávila Gómez, Attorney.

Until a few years ago, the protection of a trademark in our country was related to both, the minds of entrepreneurs and to companies, with a single act: its registration before the Mexican Institute of Industrial Property (IMPI).

Currently, due to the changes and different dynamics that have arisen both in the applicable legislation and in the world of entrepreneurship and creative industries, registration is insufficient to comprehensively protect a brand.

The brand can be protected from the creation, both the name and the graphic part. In other words, if third parties are contracted to create the name that my brand will use and/or its graphic design or visual identity, the correct thing to do is to enter into contracts with these third parties so that what is created belongs exclusively to the company that plans to use it, and only this can obtain trademark registrations.

Once the trademark is registered, it is important that the owner is careful to give notice of its use 3 years after obtaining it so that it does not expire, and in the same way, he must renew his distinctive sign every 10 years as not to lose it. Additionally, the IMPI has tools for trademark owners to monitor which trademarks are being requested for registration and oppose in the case of trademarks that could affect them because they resemble or are identical to their own.

Finally, the constant evolution of a company or undertaking may imply the provision or sale of services or products other than or additional to those originally placed on the market. Therefore, it is always necessary to analyze the whole picture with the help of a lawyer if the change in the economic activity involves the need to obtain new trademark registrations related to the different lines of businesses, or even if new complementary figures of intellectual property protection are necessary to protect the brand.

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