Distinguishedness Acquired from Brands

A trade mark is a sign that differentiates the goods or services of one company from those of another. It is important for a company to be able to differentiate itself. That is, have distinctions that allow your customers to recognize your brand from others that offer products or services equal to or similar to yours.

Thus, this distinction can be inherent or acquired and takes place when consumers recognize services and products from a single business origin.

However, on 18 May 2018, reforms to the Industrial Property Act were published in the Official Journal of the Federation, which entered into force on 10 August of that same year; included the concept of “Acquired Distintivity” in which the possibility of that those signs that from the outset lack of distinctiveness, can achieve public recognition through their use in trade, which allows them to have the possibility of protection through their registration, thus allowing the registration of generic or descriptive brands.

It should be noted that although the distinctiveness acquired from the marks makes the registration of marks more flexible, in order for the existence of the distinctiveness acquired to be declared, it must be necessarily that the sign that, in principle, was not in distinguishive, shows that a sufficiently important sector of the public recognizes it as the only one in this kind of trade.

In Bandala Díaz García, we have the experience to register your brand, come to us and avoid problems as well as the long registration processes.