The International Trademark Association recently
commended the Government of Mexico for moving to the final stage to join the
Madrid Protocol, a treaty that simplifies trademark registration throughout the
world.
Under the treaty, Mexican companies will be able
to file an application for international registration with the Mexican
Trademark office (IMPI) and designate any of the countries that belong to the
Madrid System in order to start the registration process in those selected
jurisdictions. Likewise, companies in Madrid Protocol countries can designate
Mexico using their own trademark offices with the application for international
registration passing through WIPO to IMPI.
Accession will greatly benefit Mexican companies
as well as overseas trademark owners in developing their international
marketing and protection strategies.
The next step will be for Mexico to deposit its
instrument of accession with the World Intellectual Property Organization
(WIPO), which administers the treaty. There
is no specific date set, as regulatory, administrative and technical
adjustments need to be made and an “opposition system” needs to be developed. However, with this development, Mexico is clearly
on its way to becoming one of the first Latin American countries to join other
major trading partners in this global trademark filing and registration system.
As attorneys representing clients on both sides of the border in varied trademark issues, we welcome and applaud this step!
Mauricio
Leon de la Barra is an international law attorney licensed to practice law in Mexico
and California, and has more than 15 years of experience representing clients
in business and real estate transactions and litigation.