What would happen to you if any given day, someone replicates the logo of your company without permission and justifies this saying that it has always been his logo? And what’s more, their brand´s name (Kafezito) has just changed it to one quite similar to yours (Cafecito)?
This is a fairly common case of Plagiarism, or the theft of Industrial Property. And unfortunately, many entrepreneurs do not know how to react to a situation like this. But at DEFEND Abogados, we want you to be the exception; and to prevent any company like this from getting away with it, there is a tool called a Brand Opposition.
The Brand Opposition, in a nutshell, is a legal tool that allows anyone to legally oppose a Trademark application or Trade name; This is the ideal way to fight for your Brand when another company tries to register some Intellectual Property as a direct result of a plagiarism towards your Brand.
If you want to present an Opposition, the steps to follow are the following*:
1) Once your opponent published his Registration, you have up to 1 month to submit your Opposition.
2) If your Opposition meets the necessary requirements, the Mexican Institute of Industrial Property (IMPI) will publish it in their Gazette.
3) Later, your opponent has up to 1 month to Answer your opposition with arguments and thus justify against your Opposition.
4) Once both arguments are submitted, the Institute conducts an examination to consider the positions.
5) Finally, the Institute granted / denied the Trademark Registration and the final and absolute verdict will be announced.
In DEFEND, we want to help you carrying out this process and help you to achieve the justice that you and your Brand deserve. Contact us, and let us help you and help you to achieve your goals.
*Text extracted from https://www.gob.mx/cms/uploads/attachment/file/130071/Tri_ptico_Sistema_de_Oposicio_n.pdf
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