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.

The Second Chamber of Mexico’s Supreme Court (SCJN) recently issued a decision on case number 2a./J.54/2010, under the heading: “Notice of citation to answer interrogatories in a labor lawsuit. Timeframe to answer shall be the one set forth in article 748 of the Federal Labor Law.” In such case, the SCJN determined that article 788 of the Federal Labor Law provides that those answering the interrogatories shall be summoned to appear to court in person or through their attorneys-in-fact and, given that such article does not set a particular timeframe to provide notice to the party required to answer such interrogatories, the article pertaining to personal notices of citation must, therefore, apply, that is, the party summoned to appear to answer interrogatories must be given notice during business hours and at least 24 hours in advance of the actual day and time set for such proceeding, unless the law provides otherwise. It must be noted that the timeframe mentioned above does not include the actual day of notice or the day in which the proceeding is set to take place. This decision is pending publication in the Judicial Weekly of the Federation.