News

Madrid Protocol: One year since its implementation in Mexico

The Madrid System, is recognized as an instrument which facilitates internationalization and expansion of foreign trade offering advantages for users and national trademark owners.

Whilst it is true that those who have enjoyed the benefits of Mexico’s adhesion to the Madrid Protocol are, in fact, foreign companies, it is also true that the actual and/or potential percentage of Mexican trademark owners who have the means and/or interest in expanding and positioning their trademarks in some or any of the contracting parties is increasing.

According to Mr. Víctor Adames in his article published or www.worldipreview.com, WIPO estimated that, during the first year following the entry into force of the Madrid Protocol in Mexico, there would be filed 500 applications having IMPI as Office of Origin and, approximately, 10,000 applications having it as Designated Office. As of today, though in Mexico only 46 international applications with Mexico as Office of Origin have been filed (out of the 500 originally expected), at international levels, Mexico has been designated in approximately 8.817 times.

Thus, even though the above-evidenced inequality with respect to the provided numbers may seem alarming or questionable, the Madrid Protocol aims to promote registration or expansion of protection of national trademarks abroad, as well as to facilitate large international companies to have their trademarks protected and, with this, to enhance attractiveness of investment in our country and promote the internal and external competitiveness.

We are well aware that Mexican trademark owners are not sufficiently related to the trademark registration system in our country, much less, to a system for the international registration of trademarks which, in addition, requires significant modifications to our trademark system in order to be fully exploited, but current reality is that it has been attempted by different means to gradually increase a culture of protection and that both Systems have been adapted and concatenated preserving principle of equal treatment to both, national and foreign users.

In view of the above and a little over a year from the implementation of the Madrid System in Mexico, the issue that might arise is: was the implementation of the Madrid System necessary to the Mexican Trademark System?

At first glance, it would seem that the Mexican trademark system did not require the implementation of a system which, in turn, would lead to changes regarding the legal and internal procedural structure; however, in order to be able to make a clear judgment in this regard, on the one hand, it is imperative for the System to be fully working with every change or modification necessary for its proper use; and, on the other hand, that said System as well as its full scope and advantages, are well known by all of the users (actual and potential).

Therefore, not only more time is required for the Protocol to be perfected and consolidated in Mexico, but it is also an indispensable requirement to keep promoting it within our country as well as to keep raising awareness in small and medium-size Mexican businessmen about the value and potential development of their trademarks in Mexico and abroad in order to state with certainty and without hesitation that the decision of implementing the Madrid System in Mexico was appropriate in light of the interests of Mexican businessmen, who now find themselves in constant market expansion, and of the interests of an increasingly globalized country.