Grows the distinctive signs’ family. Non-traditional trademarks inclusion to the Mexican Legal System of Industrial Property
Without a doubt, 2018 has been a significant year for our country, proof of that are the amendments made to the Industrial Property Law, the most recent one was published on the Official Journal of the Federation on may 18th 2018 and came into force on August 10th 2018.
This addition to our legal framework brought with it the inclusion of the so-called non-traditional trademarks, which for years had been ruled out from the distinctive signs family, representing both a legal and administrative challenge for the authority, both in terms of infrastructure as in human capital, however, the current scenario has brought them as prodigal daughters to join strongly to the current Mexican legislation, in order to keep our country in struggle with the increasingly competitive market.
In many countries has been proved the emotional bond (sometimes unbreakable in an icon way) that represent the non-traditional trademarks such as olfactory and audible brands, among the general public and consumers with products or services and entrepreneurs. Some of these examples turn out to be the industries dedicated to clothing and accessories, gambling games, perfume, and telecommunications.
These non-traditional brands have shown to be a trigger factor in a wars of titans, since its assessment, representation, and precession is complex, cornering the authorities who know about this matter and setting a true crossroad to several legal criterions, of course, our system will not be the exception, hopefully the result will enrich and strengthen the subject and its legal framework, and of course motivates the protection system users into the newly incorporated non-traditional trademarks.