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Trademarks and Creative Content

Display of periodicals from the Periodicals Collection, British Architectural Library, RIBA.

By: Jaime Israel Dávila Gómez, Attorney

In Mexico, the names used by individuals or companies in broadcasts and periodicals can be protected through trademark registration. When we talk about broadcasts and printed media such as periodical magazines we refer to, newspapers, journals, newsletters, periodicals, pamphlets, radio and television (whether conventional or online) and internet pages itself. These names help consumers distinguish them from each other and identify them with the quality they have in the content they manage. This identification and distinction that generate the names are the elements that make them able to be registered as a trademark.

However, Mexican law relating to copyrighting provide a figure called Reservation of Rights, which can protect especially names mentioned in publications and broadcasts, providing additional protection which is given in the registration of a trademark.

The authorities who know about these two procedures are different because trademark registrations are known by the Mexican Institute of Industrial Property (IMPI) while the Reservation of Rights is known by the National Institute of Copyright (INDAUTOR).

Despite being a specially created figure for these cases, it is more used for trademark registration. The best option is always having the two records, both Brand Name and Reservation of Rights, because this prevents a person or company who might have the trade mark and another person or company who might have the record of the Reserved Right so that they might have to face expensive and time-consuming procedures. It is also quite advisable to go with an expert to analyze the overall situation of the person or company, and determine the amount and type of records that best suits their needs to properly protect the intangible. Without adequate counseling, there is a risk of presenting less records, register a name incorrectly or resorting through unnecessary records that involve only waste of time and money.

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