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Intellectual property
Protect your mark or work, and reap its benefits.
To insure and protect your work or your mark is to protect the value of your company. The Law of Intellectual Property protects that intangible value.
Some of the services that this practice area includes are:
- Registration of Marks
Your mark is one of your company's most valuable assets. Protect it today and prevent its unauthorized use. - Copyrights
Protect your works of authorship and reap the benefits of your ideas. - Conservation of Rights
We insure that the registration of your mark, patent and copyrights stays valid.
What is a Mark?
A mark is any visible sign used to individualize a product or service and distinguish it from other products or services of the same class or kind. Its main function is to identify the various products and services that are offered in the marketplace.
Do you know the various types of Marks?
Word Marks - are Marks that identify a product and its origin by a word or set of words.
Figurative Marks - are Marks that are visually, but not phonetically recognizable. They consist of symbols, designs, logos or any figurative and distinctive element.
Combined Marks - are Marks that combine words and figurative elements in one or a set of elements to distinguish a product or service.
Why is registration of a Mark necessary or desirable?
Registration of a mark is important because a trademark is a consumer's only tool to identify and select their preferred products and services.
As owner of a trademark, you receive a Certificate of Registration. That certificate entitles you to a nationwide, exclusive use of your trademark. This means that any use of your trademark by others would require your approval. Registering a mark before marketing a product is not a requirement. It is, however, recommendable. It can avoid copies or reproductions of your product, which in turn allows you to capitalize on your company's business reputation. It also entitles you to legal action against any unauthorized use of your trademark.
How can I know if a Mark has been registered?
To find out if a Mark has been registered you will need to request a search for existing trademarks. In your filing you will be required to specify very clearly the mark that you wish to search. You will need to include the class or description of the product of service that it identifies. Please note that filing fees apply.
What is a class?
A Class is a group of related products or services, or products or services that have a common use or function. They are grouped according to an international classification system (Nice Agreement). There are currently 45 classes (34 for products and 11 for services).
Clic here to see the mark classification
A product is that good or article in the marketplace that bears a mark that is identifiable by the consumer.
How long is a mark valid, and when does it need to be renewed?
A mark is valid for ten years from the date of its registration. You will be able to license, franchise, assign or encumber it. If this were not enough, your product or service will proudly bear the symbol ® or the word "trademark". Plus, you will be able to renew it as many times as you like. Requests for renewal are filed within the six months prior to the expiration of your trademark, and there is a grace period that extends six months after your trademark elapses.
When does a trademark elapse?
- A trademark is cancelled unless you file for its renewal within a six month grace period after it elapses.
- When the mark remains unused for three consecutive years on the product or service for which it was registered.
Can I assign the rights associated with my request for registration of a mark or my trademark?
The rights associated with a request for a registered mark or a trademark may be assigned in abidance by the common provisions and procedures. However, the assignment will be valid and enforceable against third parties only after registered in Mexico's Institute of Industrial Property (IMPI).
What is a license?
A license is a means whereby a person or entity that holds a right on industrial property may authorize its use by one or more persons. The license of a mark is a means whereby the owner of a mark that has been registered or is pending registration may authorize one or more persons to use one or more of the products or services that the mark is associated with. Licenses granted will be valid only after they are registered in Mexico's Institute of Industrial Property. Except as otherwise stipulated, the grant of a license registered in Mexico's IMPI grants the licensee the same rights available to the owner of the mark to pursue legal action to protect the rights associated with the mark.
What is a franchise?
A franchise is a system whereby in addition to granting a license to use a mark the franchisor may provide technical know-how and assistance to enable the franchisee to produce or sell goods or provide services in a uniform fashion according to the operation, marketing and management methods determined by the franchisor, thereby maintaining the quality, good name and image of the franchised products or services.
Who is party to a franchise agreement?
The franchisor, which possesses a mark, the technology to market goods and services, and grants their use to one or more franchisees in a franchise agreement. The franchisee, who acquires the right to market the goods and services associated with the mark, and to receive training from the franchisor concerning the management and operation of a business. Before any franchise agreement is signed, the owner of the mark should furnish its corporate information to any potential franchisee. You will find our corporate group's vast experience useful in preparing your License Agreement or you Franchise Offer and Franchise Agreement.
