Mexico’s New Precedent in Intellectual Property (Trademarks): Mandatory Consistency in IMPI Decisions

The recently published isolated thesis establishes that the Mexican Institute of Industrial Property (IMPI) must apply its criteria consistently in similar cases related to trademark registration, thereby reinforcing legal certainty and the human rights of those involved.

On August 18th, an isolated thesis was released by the Twentieth Collegiate Court in Administrative Matters of the First Circuit. It bears the title: “TRADEMARKS. THE MEXICAN INSTITUTE OF INDUSTRIAL PROPERTY (IMPI) IS OBLIGED TO MOTIVATE AND JUSTIFY WHETHER OR NOT TO APPLY THE SAME CRITERIA IN SIMILAR CASES WHEN RESOLVING REGISTRATIONS (TRADEMARK PRECEDENTS).”

This thesis, rooted in the principle “Where there is the same reason, there must be the same provision,” underscores the significance of consistency in IMPI decisions. Consequently, the Institute must maintain consistency, especially when denying a trademark application, to safeguard human rights and ensure legal certainty for all citizens.

There have been instances where resolutions seemingly skim over the intricacies of cases, leading to the refusal of trademark registrations even when favorable precedents exist. Given such circumstances, it becomes imperative that when presented with an official notice of prior art or legal impediments, the authority meticulously analyzes the case and determines whether to apply a comparable criterion, while also articulating the reasons behind its resolution.

Without question, this guideline marks a pivotal stride in Mexico’s Intellectual Property sphere. It emphasizes the salience of precedents, human rights, and legal certainty. The hope is that this thesis will pave the way for more aligned criteria, benefiting the rights of applicants.

At ECIJA Mexico, our hallmark is a team of highly qualified specialists in Intellectual Property. We are committed to providing unwavering and tailored legal counsel, ensuring our clients’ rights remain protected against any authoritative actions. Should you be navigating a situation that calls for our expertise, we remain at your disposal to provide the necessary legal support.

________

Intellectual Property Area of ECIJA Mexico

socios.mexico@ecija.com