Distinctive signs are symbols, words, phrases, figures and smells that are used in industry or commerce to distinguish a product, service or establishment.
In Mexico, distinctive signs are protected through different figures such as Commercial slogans and trademarks.
The Federal Law for the Protection of Industrial Property in its article 201 defines commercial slogans as “the phrases or sentences that are intended to announce to the public commercial, industrial or service establishments or negotiations, products or services, to distinguish them from others of the same species or class in the market. “
Commercial slogans also called slogans in the field of advertising can be protected through a procedure before the Mexican Institute of Industrial Property (IMPI) and their protection has a validity of 10 years counted from their granting, which may be renewable in periods of the same duration.
Trademarks are “signs perceptible by the senses and capable of being represented in a way that allows determining the clear and precise object of the protection, which distinguishes products or services from others of the same kind or class in the market”, this in relation to the article 171 of the aforementioned law, this definition changed with the reform of August 2018, where since this reform the distinctive signs susceptible of protection are the following:
| 1.- Trademarks 2.- Holographic signs 3.- Sounds 4.- Smells 5.- Commercial Image 6.- Collective brands 7.- Certification brands 8.- Slogans and trade names 9.- Geographical Indications 10.- Denominations of origin |
Like commercial slogans, trademarks have a 10-year renewable protection, however, its use must be used, otherwise if it is not used for 3 consecutive years, it will expire, the procedures for obtaining the exclusive use of a trademark are carried out through the IMPI and last approximately 6 months.
María Galaviz.
Gloria Ponce de León & Hernández.
