Transfer Pricing Associates

Mexico Adopts ITS

post Friday February 22, 2013



In a development that signals a show of support for intellectual property protection, Mexico officially joined the International Trademark System. This decision by Bruno Ferrari, Mexico’s Secretary of Economy, allows companies or individuals to apply for an international trademark. Another benefit of Mexico’s decision to join the International Trademark System is existing international trademarks can be included in Mexico simply by filing for an extension.

Mexico’s decision to deposit the country’s instrument of accession to the Madrid Protocol for the International Registration of Marks makes four Spanish speaking countries involved in the treaty. After Mexico officially joins on February 19th, 2013, there will be 89 member countries.

Since 1891, international trademarks have existed, beginning with the Madrid Agreement and updated in 1989 with the Madrid Protocol. With these systems, trademark protections can now span across borders of countries, providing more security for intellectual property and further incentivizing the development of technology and innovation.

There are certain advantages and disadvantages related to the Madrid Protocol and the International Trademarks System. Some of the benefits for companies are the cost effective nature of applying for an international trademark. When compared to registering for multiple national trademarks, designating a country with an international trademark is much more affordable. Additionally, applicants must only file one application and the ability to claim priority can be claimed to ensure that the trademark is protected. Some of the disadvantages include the vulnerability during the initial five years, increasing the likelihood of attack and the possibility the entire international trademark registration can be nullified.

Mexico joining the Madrid Protocol is a positive step for global protection of intellectual property and signifies further development of international intellectual property law.

Source:World Intellectual Property Organization

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