According to Mexican law, a trademark is “any visible symbol that distinguishes products or services among those of the same kind or class in the market place,” and in order to have a claim for the exclusive right to a trademark, such must be registered with the Mexican Intellectual Property Institute (IMPI). Although on many occasions we find products or services that are distinguishable by their trademarks, such may also be recognized because the producer or provider of a service belongs to some kind of association, society, professional group or organization. Typically such organizations have a trademark that distinguishes them and their members display such trademarks to show their affiliation with such organizations, such as associations of lawyers, certified public accountants, physicians, manufacturers of automobiles, furniture, etc., which can also be registered with the IMPI in accordance with article 97 of the applicable law, which provides that “together with the trademark registration application, the rules for such trademark’s use must also be submitted;” that is, it must be clear from the outset how this type of trademark will be used. Thus, collective trademarks may boost the image of less recognized trademarks when both are paired in connection with products or services.
