Mexico's Intellectual Property Law (Ley Industrial de Propiedad) provides for many cases in which a trademark may not be registered. In this note we highlight those names, three-dimensional figures and forms that are the same or similar to a mark that the Mexican Institute of Intellectual Property (Instituto Mexicano de la Propiedad Intelectual (IMPI)) considers as, or has declared to be, "notably recognized" or "famous," with respect to products or services. A mark is considered "notably recognized" in Mexico when a certain populace or business sector of the country recognizes that mark as a result of economic activities conducted in Mexico or abroad by a person or entity who uses this mark with respect to its products or services through promotional efforts or publicity of such. This implies that in order to achieve this status or level of recognition, a mark should at least be highly recognized in a specific sector. For example, a mark may be "notably recognized" in the world of aquatic sports, but unknown in other areas. For example, the names "Swatch" or "Lacoste" are highly recognized in their specific market segments, but not necessarily in all markets. It is understood that a mark is famous provided that it is recognized by the majority of consumers. Clearly, far fewer marks meet this characteristic of being recognized by the majority of the population, as is the case, for example with the name "McDonalds." It is noteworthy that in 2005 the Intellectual Property Law introduced a process through which the authorities may declare the fame or notoriety of a mark by allowing the interested party to employ all evidence that is necessary to prove such status. The fact that the owner of a brand does not try to follow the established process to obtain a declaration of fame or notoriety does not rule out that the authorities may independently attempt to determine such status; however, obtaining a declaration offers a sense of legal protection for the owner. Many companies with globally recognized marks have slowly obtained declarations of fame or notoriety for their marks, to the effect that subsequent studies are not necessary (at least during the active period of the declaration, which is ten years), which precludes others from registering identical or similar marks. In the case of marks that are "notably recognized" this means securing exclusive rights on products or services that belong to a related market. For "famous" marks, this means securing exclusive rights on any type of product or service.

Sources of information and legal notice: In preparing this document, the following sources of information, among others, have been utilized: Diario Oficial de la Federacin, Bank of Mexico, Suprema Corte de Justicia de la Nacin, Secretar­a de Hacienda y Cr©dito Pblico. This should not be considered as legal or tax advice or used for any purposes other than as a source of information for the public at large.