Cheaper design protection in Mexico

Many companies use the Madrid treaty‘s system to expand their trademark protection internationally. However, there is a similar system to claim product designs. Note that design protection is only possible if the design is new. For that reason, step-wise expansion of design protection makes no sense.

When design protection of a product is sought in several countries, this can be done via an International Design registration. Already 74 countries and territories are members of this “the Hague” treaty (including the European Union). Mexico has recently joined as well. Especially considering the lower costs, more and more companies choose this route.


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MENTOS has been selling chewing gum under the name MENTOS PURE FRESH for several years. In order to protect her rights MENTOS has registered the following trademarks: the logo MENTOS PURE FRESH, the logo MENTOS PURE FRESH 3 and a figurative depiction of the word PURE. Defendant sells chewing gum under the trademark DENTYNE PURE and has registered its logo as a trademark. Infringement or not?