MEXICO Law and Practice Contributed by: Victor Adames, Carlos Hernandez, Paola Becerril and Eduardo Saldaña, BC&B Law & Business
Trade Marks For trade marks, these include: • unfair competition;
• offering for sale or distributing products to which a registered trade mark is applied, after having partially or totally altered, replaced, or removed that mark; and • using a combination of distinctive signs, operational or image elements (ie, trade dress), which allow products or services to be identified, that are identical or similar to those protected by the FLPIP and that, by their use, cause or induce the public to believe or assume a non-existent association with the party who holds the right. It is important to mention that in order to enforce an infringement action, a trade mark must be registered; otherwise, the interested party will not have any legal standing. Copyrights For copyrights, the infringement grounds include: • the editor, entrepreneur, producer, employer, broadcasting organisation, or licensee enter - ing into a contract for the transfer of copyright in violation of the provisions of the FCL; • the licensee violating the terms of the manda - tory licence; • a collective management society claiming to be such without having obtained the corre - sponding registration with INDAUTOR; • a collective management society administra - tor failing to provide the required reports and documents to INDAUTOR, without just cause; • failing to include in a published work the mentions referred to in the FCL; • omitting or falsely inserting in an edition of a work the data referred to in the FCL; • failing to include the mentions referred to in the FCL on a phonogram; • publishing a work, when authorised to do so, without mentioning in its copies the name of
• carrying out, in the exercise of industrial or commercial activities, acts that cause or induce confusion, error, or deception in the public; • selling or distributing products or offering ser - vices, indicating that these are protected by a registered trade mark when they are not; • using a similar trade mark to a registered one to cover the same or similar products or services as those protected by the registered trade mark; • using, without the consent of its owner, a reg - istered trade mark, or one similar to it, to form part of a trade name, business name, corpo - rate name, or domain name, or vice versa, provided that such names, denominations, or business names are related to establish- ments operating with the products or services protected by the trade mark; • using a previously registered trade mark, or one similar to it, to form a trade name, business name, corporate name, or domain name, or as part of these, by a natural or legal person whose activity is the production, importation or commercialisation of goods or services identical or similar to those covered by the registered trade mark, without the writ - ten consent of the trade mark holder or the person authorised to do so; • using a registered trade mark, without the consent of its owner or without the proper licence, on products or services identical or similar to those covered by the trade mark; • offering for sale or distributing products to which a registered trade mark is applied, and where such products or their labelling have been altered;
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