MEXICO Trends and Developments Contributed by: Juan Carlos Amaro, Victor Adames and Andrea Shaw, BC&B Law & Business
the shape of products, their packaging, or other three-dimensional elements capable of distin - guishing goods or services in the marketplace. Three-dimensional marks offer businesses the ability to protect creative product designs, par - ticularly in industries like luxury goods, beverag - es, and food, where visual appeal plays a crucial There are musical jingles or other distinctive sounds, provided they are graphically repre - sented. A sound mark can be graphically rep - resented using standard musical notation on a staff. This representation could include: • the musical staff – five horizontal lines on which musical notes are placed; • notes and rhythms – the exact sequence of notes, including their pitch and duration; or • a text description – a written explanation of the sound (eg, “the mark consists of a series of three musical notes played in succession: C, E, and G, in quarter-note duration, in the key of C major”). role in branding. II) Sound marks Sound marks protect auditory elements, such as advertising jingles or unique tones associated with a business or product. In Mexico, these marks can be registered if they are recognisable by consumers as indicators of origin. This is par - ticularly valuable for industries such as advertis - ing and technology, where sound branding plays a significant role. III) Holograms These dynamic, three-dimensional visual ele - ments can serve as trade marks. Holographic marks allow the protection of three-dimensional
images that change depending on the angle of view. These marks are commonly used in luxury products and promotional materials, offering a high level of distinctiveness and appeal. IV) Scent trade marks Unique scents associated with a product can be protected under certain conditions. Olfac - tory marks protect a scent that distinguishes the products or services of a company. These marks are challenging to register as they must meet the requirements of graphical representa - tion and distinctiveness. For instance, a well- known example of an olfactory mark is the scent of freshly cut grass registered for tennis balls. This distinctive smell, which does not naturally occur in tennis balls, was successfully registered by providing a clear and precise graphic repre - sentation of the scent. Since scents cannot be visually depicted like logos or words, the applicant had to meet the requirement of graphic representation by sub - mitting the following: • A detailed verbal description – The mark was described in the application as “the smell of freshly cut grass applied to tennis balls”. This description provided clarity regarding both the nature of the scent and its direct associa - tion with the goods. • A connection to the product – The description explicitly stated that the scent was applied to tennis balls, making it clear that the olfactory mark was intended to distinguish those prod - ucts from competitors. • A distinctive, non-functional scent – The smell of freshly cut grass was not an inherent char - acteristic of tennis balls but rather an artificial, intentionally applied scent. This ensured that the scent could function as a brand identifier
347 CHAMBERS.COM
Powered by FlippingBook