MEXICO Law and Practice Contributed by: Victor Adames, Carlos Hernandez, Paola Becerril and Eduardo Saldaña, BC&B Law & Business
1. Trade Mark and Copyright Law 1.1 Governing Law Trade marks and copyrights are governed in Mexico by the Federal Law for the Protection of Industrial Property (FLPIP) and the Federal Cop - yright Law (FCL), respectively. Both are statutory laws that provide comprehensive frameworks for the registration, protection, and enforcement of these rights. Common law trade marks are not recognised in Mexico; protection is granted exclusively through registration under the FLPIP. Copyrights do not require registration for protection under the FCL, as rights arise automatically upon fixa - tion on a material support. Registration can pro - vide advantages in enforcement and litigation, however, and is therefore highly advisable. 1.2 Conventions and Treaties/Rights of Foreign IP Holders Mexico is part of numerous international treaties governing trade marks and copyrights. Relevant trade mark treaties/conventions to which Mexico has acceded include: • the Paris Convention for the Protection of Industrial Property; • the Madrid Protocol for international trade mark registration; • the United States–Mexico–Canada Agree - ment (USMCA), which is known as T-MEC in Mexico; and • the Comprehensive and Progressive Agree - ment for Trans-Pacific Partnership (CPTPP), which includes trade mark provisions.
Relevant copyright conventions include: • the Berne Convention for the Protection of Literary and Artistic Works; • the Universal Copyright Convention; and • the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT).
2. Trade Mark Ownership, Protection and Rights 2.1 Types of Trade Marks
There are a number of different types of trade marks protected under the Mexican IP system: • word marks protect words; • design marks protect logos or stylised ele - ments; • trade dress is the overall appearance or pack - aging of a product, or the commercial image of the product or service; • collective marks are reserved for associations or groups of producers to identify goods or services sharing common characteristics; and • certification marks are used to certify specific characteristics such as geographic origin, quality, or method of production. Mexico allows registration of traditional and non- traditional marks, provided they are distinctive and not descriptive. This includes: • images, logos, and designs; • sounds, provided they can be represented graphically (eg, musical jingles); • shapes and three-dimensional signs, includ - ing product designs or packaging; and • scents and holograms.
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