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Trademark: Rights


By: Jaime Israel Dávila Gómez, Attorney

The use of trademarks in commercials or industrial activities is not restricted to whether they are registered or not, or to some other process, so its record is optional for those who use it. However, the registration of a trademark gives its owner, among many other things, three important benefits: legal certainty, the possibility of granting licenses and the right to exclusive use.

A registered brand, with the help of a specialist, allows the owner to know that his trademark or brand was not registered already and can be used without any problem. Many companies use brands that, when wanting to be registered they’re already registered or they have prohibitions established by the law regarding their specific sign; issue that not only prevents registration but requires the employer to cease using the sign identifying him in his activities.

The second benefit mentioned, is to grant licenses to third parties for the exploitation of the trademark; this right is reflected in the economic situation of its owner, because the licenses are granted in exchange of financial consideration and at the same time allows the entrepreneur to go creating a brand positioning in the market; within the types of licenses is the franchise, which has become, in recent years, a very important business model with positive growth.

Finally, the most important of the rights arising from a trademark is the right to exclusive use. Having a registered brand, in this case applying to Mexico, allows its owner to be the only person in the country to use the trademark for specific products or services his business is focused on. So the owner of a trademark can prevent, with the help of the appropriate authorities, the unauthorized use of the brand by a third party, to whom a fine can be imposed and will have the obligation to pay for damages caused. Despite all the benefits granted by a trademark, many companies do not carry out the respective process, jeopardizing their heritage.

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