MEXICO Trends and Developments Contributed by: Juan Carlos Amaro, Victor Adames and Andrea Shaw, BC&B Law & Business
Intellectual Property Law in Mexico Today: Opportunities and Challenges for Businesses In today’s global economy, intellectual property (IP) rights, particularly trade marks, are essen - tial tools for businesses seeking to establish and protect their market presence. Mexico, as a key player in international trade and a signatory to numerous international treaties, has developed a robust legal framework for trade marks. This article explores the types of trade marks that can be protected in Mexico, the importance of secur - ing such protection, and the opportunities and challenges businesses face in navigating the IP landscape. Types of trade marks protected in Mexico The Federal Law for the Protection of Industrial Property (FLPIP) governs trade marks in Mexico. It provides comprehensive protection for a wide range of traditional and non-traditional trade marks, ensuring businesses can safeguard their brand identity in diverse ways. Traditional trade marks I) Word marks These consist of letters, numbers or a combina - tion of both. Under Mexican law, word marks are the most common type of trade mark and con - sist solely of letters, words, or numbers without additional graphic elements. These marks iden - tify goods or services by their name or slogan, provided the wording is distinctive and does not describe the product’s characteristics or func - tions. Word marks provide the foundation for many branding strategies, protecting names and tag - lines across industries. They are often the easiest to enforce and widely recognised by consumers.
II) Design marks These are logos or stylised graphics that identify a brand. Design marks, also referred to as figura - tive marks, consist of logos, images, or graphic elements without accompanying text. These marks are protected under FLPIP as distinctive visual representations that identify goods or ser - vices. Design marks are valuable for creating a vis - ual identity, particularly in industries like fash - ion, technology and entertainment. They often become iconic symbols that consumers associ - ate directly with the brand. II) Combined marks These are trade marks that combine word and design elements, combined marks consist of a combination of word and design elements, such as a logo with text or stylised fonts. These marks are commonly used in Mexico as they allow for comprehensive brand protection, covering both the graphic and textual elements. Combined marks provide versatility, as they pro - tect the visual and textual identity of a brand. They are widely used in advertising and packag - ing, offering a comprehensive safeguard against imitation. Non-traditional trade marks Mexico’s legal framework recognises non-tradi - tional trade marks, enabling innovative forms of brand protection, as set out below. II) Three-dimensional marks Mexican legislation recognises three-dimension - al marks as a distinct category of trade marks under the FLPIP. These marks are defined as
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