What is a registered trademark?

Until recently, Mexico did not disseminate information about how to have a registered trademark, due to the lack of “culture” on this subject, which was mainly due to the lack of knowledge of the owners; To the desirability to make the corresponding step; and to the fact that there are not many trained Professionals in the topic, because as simple as it may seem, the matter requires a high level of technical knowledge, since when requesting the registration on a possible “trademark”, we may face administrative difficulties as we shall see later.

For the preparation of the present, it is essential to have clear the concept of what a brand is, so, according to the provisions of the Law of Industrial Property, we have to:

“A mark means any visible sign which distinguishes goods or services from other goods of the same kind or class on the market.”

Thus, the following may constitute a trademark:

• Visible names and figures, sufficiently distinctive, capable of identifying the goods or services to which they apply or are intended to apply, as opposed to those of the same species or class;
• Three-dimensional forms;
• Trade names and names or social reasons, provided they are not covered by the following article, and
• The proper name of a natural person, provided it is not confused with a trademark or a trade name published among many others.

The procedure of a “Registered Trademark” begins properly through a registration application, which contains all the necessary data for the identification of the protected design, name, goods or services and the owner thereof, as shown below:

It should be mentioned that the authority responsible for deciding whether or not to register the trademark applied for is the Mexican Institute of Industrial Property.

If an idea is brewing in your mind to have a registered trademark or if you have already landed and captured that idea, but you don’t know how to register it, Come to us, in Bandala | Díaz | García we have highly qualified staff ready to advise you throughout this process.