Patentes y Marcas en México

Patentes y Marcas

• Marca: A visible sign used to distinguish a product or service from others of the same type.
• Function: Identifies products/services in the market.
• Importance: Helps consumers select preferred products/services.
• Registration: Grants exclusive use rights in Mexico for 10 years, renewable.
• Characteristics:
  • Name (Nombre): The verbal identity of the brand.
  • Logo (Logotipo): The graphic representation of the brand name, part of the visual identity.
  • Graphics (Grafísimos): Drawings, colors, or non-pronounceable representations.
• Products/Services: Goods/services that will carry a specific brand.
• Classes (Clases): Groups of products/services with a shared function or characteristic, internationally classified.
• Registrable Marks: Visible, distinctive, original, novel, unique, easily recognized, and not already registered or a well-known name. Includes words, designs, shapes, and logos.

Types of Marks

• Nominated: Simply a name as the distinguishing mark.
• Unnamed: Designs or logos as the distinguishing mark.
• Mixed: Combination of name and design/logo.
• Three-dimensional: The shape of an object is the distinguishing mark.
• Collective: Used by societies or merchants in a geographical area to distinguish their products/services from others.

Protection of Marks and Copyrights

• Protection: Grants exclusive right to the registered owner to use the mark nationwide.
• Validity Period: 10 years, renewable every 10 years.
• Owner Rights: Prevent unauthorized use of the mark.
• Registration: Granted by the Instituto Mexicano de la Propiedad Industrial (IMPI).

Validity of Marks, Copyrights and Patents

• Registration: Granted for 10 years from the registration date. It is renewable.
• Invalidity: If the product/service is not compliant with the law, or is identical or similar to another already registered product/service, thus, causing confusion, the registration could be invalidated within 5 years of the registration date.

Commercial Notices (Slogans)

• Validity: 10 years, renewable in the same way as trademarks.

Industrial Designs

• Two Main Categories:

  • Drawings (Dibujos): The use of colors, shapes, and lines to decorate industrial products adding a unique and distinctive look.
  • Models (Modelos): Three-dimensional forms of industrial products that give them a unique appearance but without changing the function of the product.

• Validity: 5 years, renewable up to a maximum of 25 years.

Models of Utility

• Objects/Tools: Modified tools that offer a new function or improvement on existing tools.

Trade Secrets

• Confidential Information: Information crucial to a company’s economic or commercial strategy.

Patents

• Certification: A government-issued certificate allowing exclusive use of an invention. Validity is 20 years.
• New Products/Processes: Protects new inventions.

Work

• Definition: Human effort, often for wage.
• Rights: A social right and duty, recognizing the dignity of the person.

Participation in Profits

• Right: Workers have a right to a share of company profits.
• Purpose: Improve worker living standards.

Employment Conditions

• Regulation: Ensures safe and equitable working conditions.

Salary

• Components: Includes wages, bonuses, benefits, and services provided in kind.

Collective Labor Relations

• Agreements: Contracts between groups of workers and employers.

Specific Crimes

• Fraud: Deliberate deception for personal gain.

Abuse of Trust

• Definition: Misuse of a position of trust or responsibility.