MEXICO Trends and Developments Contributed by: Juan Carlos Amaro, Victor Adames and Andrea Shaw, BC&B Law & Business
rather than serving a technical or functional purpose. Olfactory marks are rare due to the inherent challenges in representing scents graphically, but when done correctly, they can serve as pow - erful and memorable brand identifiers. V) Trade dress This protects the overall visual appearance or packaging of a product, provided it is distinc - tive and non-functional. Trade dress refers to the overall appearance of a product or its packag - ing, including elements such as colours, shapes, designs, or the arrangement of features. In Mex - ico, trade dress must be distinctive and non- functional, meaning it must identify the product’s origin rather than serve a technical purpose. The inclusion of non-traditional trade marks reflects the need to modernise Mexico’s indus - trial property regulations and align its legal framework with international standards. These innovative types of trade marks include olfac - tory marks, sound marks, holographic marks, and trade dress, expanding protection beyond traditional trade marks (names, logos, and slo - gans) to safeguard unconventional and distinc - tive elements of a product. Collective and certification marks I) Collective marks Collective marks are trade marks owned by associations, co-operatives, or other collective entities, used by their members to indicate a shared origin, quality, or characteristic of their goods or services. These marks strengthen group identity and promote regional or industry- specific products.
Collective marks are registered in the name of an organisation representing its members. Indi - vidual members are authorised to use the mark, provided they comply with established rules. Applications must include a set of regulations governing the use of the mark, specifying who can use it and the standards required. The mark’s use is limited to the organisation’s members, reinforcing its distinctiveness in the marketplace. Collective marks are particularly valuable for promoting regional products, traditional crafts - manship, or industry-specific goods. For exam - ple, they are widely used in the agricultural and artisanal sectors to showcase group solidarity and quality standards, boosting competitiveness in domestic and international markets. II) Certification marks Certification marks in Mexico are trade marks used to indicate that goods or services meet specific standards related to quality, origin, materials, or production methods – eg, fair trade certification. Unlike traditional trade marks, cer - tification marks are not used by their owners but are licensed to third parties who comply with the established certification criteria. The purpose of certification marks is to guaran - tee specific characteristics of the certified goods or services, such as environmental standards, regional origin, or production methods. These marks cannot be owned by entities that produce or sell the certified products to avoid conflicts of interest.
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