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CATEGORICAL STATEMENTS HELP OVERTURN RULING FROM MEXICAN TRADEMARK OFFICE In the case “TRUEWHITE” trademark application in Mexico, the Mexican Trademark Office (MTO) initially denied TM protection based on descriptiveness of the products covered in application including LEDS. We provided sound advice to our client CREE, INC. and filed the nullity action against the MTO decision. A fine piece of work which connected law articles from the Mexican Trademark Law, NAFTA, Paris Convention; research of recent cases in Mexico and abroad; Court’s citable precedents; TM searches and market research facts were put together by our team and as a result the Federal Court overturned the MTO ruling and obliged said authority to grant registration of the mark to our client. C & L ATTORNEYS ACHIEVES LEGAL VICTORY FOR CANON IN VENEZUELA Recently, C & L ATTORNEYS represented CANON, INC. in a Domain Name Dispute against a third party who illegally owned and made use of the domain name canon.com.ve, identifying his services as authorized dealer and obtaining profits. This conduct was certainly hurting our good clients reputation. Thru solid arguments and conclusive evidence we obtained a favourable Ruling by WIPO on the case and the domain name was properly assigned and transferred to our client.
We are proud to announce that during 2011 our Firm has been Nominee for: INTELLECTUAL PROPERTY LAW FIRM OF THE YEAR in MEXICO. These recognitions reinforce our committed to render high quality services to all our clients and associates.
NIC MEXICO WILL ALLOW .MX DOMAIN NAME REGISTRATION Nic Mexico has recently informed that early May 2009, the opportunity to register .MX domain names will be re-opened. This .MX re-opening will be scheduled by stages, proving opportunity for owners of current com.mx, .edu.mx, .org.mx o .net.mx. to register obtain registration of their domain names first. AMMENDMENTS TO THE INDUSTRIAL PROPERTY LAW
Mexico’s Senate is reviewing two bills to amend the Industrial Property Law, one proposes a fundamental review of the law, the other aims to introduce a procedure for opposing patent grants and penalties for abusive practices in the enforcement of invalid patents. This reform would initiate an integral review of the law in order to meet Mexico's economic requirements and bring IP legislation into line with the global view of industrial property. The main proposed changes to prosecutions in respect of patents relate to:
The proposal also suggests making computer-implemented inventions patentable where the invention incorporates a technical contribution. AMMENDMENTS TO THE FEDERAL COPYRIGHT LAW
On February 2nd, 2009 a Bill to amend the Federal Copyright Law was filed. This reform looks to modify Article 231 in order to increase penalties for those who commercialize with profit motive in mind, illegal copies of audio and video disks as well as books without written consent. NEW SECTION AT THE FEDERAL COURTS TO REVIEW IP CASES IN MEXICO.
The new Specialized Section in Intellectual Property of the Federal Court for Tax and Administrative Justice has begun working as from January 5, 2009. The Specialized IP Section has jurisdiction to review decisions issued by the Mexican Institute of Industrial Property (IMPI), based upon the Industrial Property Law, as well as by the Mexican Copyright Institute, based upon the Federal Copyright Law. It also has jurisdiction to review decisions issued based upon the Federal Law of Plant Varieties, and other bodies of Law referring to Intellectual Property matters.
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INTERNATIONAL RECOGNITIONS FOR OUR FIRM DURING 2011
