The protection of famous and well-known marks has preoccupied Mexican judges, bureaucrats, legal scholars, and trademark practitioners for over seventy five years. This article recounts the development of this area of law in Mexico, from its origins in the 1920s through the 2005 amendments to the Industrial Property Law, which authorized the Mexican Institute of Industrial Property (IMPI) to award declarations of fame and notoriety to qualifying trademark owners. In addition, this article will consider IMPI’s implementation of the 2005 amendments, which by some measures has been a success and by others a disappointment. The article will close with suggestions regarding how the current system might be improved.
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TTABlog notes: I thank The Trademark Reporter for granting permission to provide a link to this article, which is Copyright © 2015 the International Trademark Association and reprinted with permission from The Trademark Reporter®, 105 TMR 1060 (2015).
Text Copyright John L. Welch 2015.
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