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Contrary to popular belief, Lorem Ipsum is not simply random text. It has roots in a piece of classical Latin literature from 45 BC, making it over 2000 years old.
An analysis of the new Federal Law for the Protection of Industrial Property, which will come into force on November 5, 2020, revealed that one of the most significant amendments in this new law is the introduction of partial non-use cancellation actions. With this new modality of non-use cancellations, the Mexican Institute of Industrial Property (IMPI) will be empowered to declare the cancellation of the registration, either in its entirety, or in connection with specific products or services that are not in use.
The foregoing implies that, unlike the former law (which allowed keeping a registration if the use of the trademark was proved in connection with any of the products or services it covered), with this new law, it will be necessary to prove the use of the trademark in connection with all the products or services covered by the registration. Otherwise, IMPI could declare the partial cancellation of the registration in regard to those products or services whose use is not proven.
This new application of non-use cancellations will have a positive impact on the legal system in Mexico, since it was very common to file trademark applications covering the “heading” of an entire class, even when the trademark was not aimed to be used to identify all those products or services, a situation that generated a multiplicity of obsolete registrations that blocked the possibilities of choosing a trademark for those who were interested in using it effectively.
