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Modernization of trademark legislation in Mexico: The case of olfactory and sound marks

In: The Future of Intellectual Property

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  • Guillermo Martínez Cons

Abstract

This chapter proposes a critical analysis of the reform to the Mexican Industrial Property Law published on May 18, 2018 and which entered into force on August 10 of that year, by which the possibility of registering olfactory and sound trademarks is recognized for the first time in Mexico. Unfortunately, there is no clear technical rationale or principle to determine the registrability of such signs, nor were rules established to objectively determine cases of invasion of rights of this type of trademarks, nor is it indicated how this reform would fulfill the multitude of objectives that the legislators pointed out in their participations during the discussion in the Chambers of the Mexican Congress.

Suggested Citation

  • Guillermo Martínez Cons, 2021. "Modernization of trademark legislation in Mexico: The case of olfactory and sound marks," Chapters, in: Daniel J. Gervais (ed.), The Future of Intellectual Property, chapter 14, pages 275-302, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:20667_14
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