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Trademark Registration required more than ever
Trademark Registration required more than ever
The concept of obligation in the jurisdictions with the Roman-Germanic system in its historical background as in the case of Mexico, the obligation of a rule exists when there is a penalty, the Industrial Property Act does not provide for compulsory registration of a mark (except antitrust exemptions), but their obligation from the right of any person who in good faith obtains the registration of a mark and the penalty for infringement, so if you use an unregistered trade mark to distinguish one product or a service is likely that your trademark is identical or similar to one that if registered, each month the IMPI accepted the registration of approximately 5,000 brands, would be flown to think of his trademarks 5.000 mark is identical or similar degree confusion to another.
Speaking of penalties incurred by those who use their marks without registration: Yesterday the House of Representatives approved an amendment to the Federal Penal Code in Article 29 and the Industrial Property Law Article 223 to prosecute ex officio and not complaint by crimes such as forgery and fraudulent as to trademarks to market speculation that the penalty is imprisonment for six years and a fine that can range between one hundred and ten thousand days of minimum wage and additionally Administrative Violation after going from $ 300,000 to $ 1,200,000 dollars for the use of an identical or confusingly similar to a previously recorded
With the foregoing the advantages of registering a trademark as licensing, franchising, to obtain exclusive use, etc. are unnecessary, the penalties for using an unregistered trademark for the user are more than enough reason to get the registration of a trademark before using it and if you are using, but still.
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