Comparative Advtg. as TM Infringement – Mexico
In Mexico, Fedral Law for the Consumers Protection (FLCP) clearly states that an advertisement which contains text, dialogue, sounds, images, marks, geographical indications or other designations which induce consumers into error or confusion, will be considered to be infringement of a trademark.
However, comparative advertisement is allowed if the information about the products or services being compared is not deceptive or abusive i.e. inducing consumers into confusion or error, inexact, false, exaggerated, artificial or tendentious form containing the information. Where an advertisement is found to be infringing, the Consumers Federal Bureau in Mexico (a) order the infringing party to stop using advertisement; (b) order the party to further stop the breach, and (c) impose fine. In the event of infringement, the injured party is allowed to sue the infringer for damages in a separate trial before the Federal civil courts.
Under the new provisions of the Industrial Property Law with regard to declarations of protection for famous and well-known trademarks indicate that evidence of advertising featuring a mark is fundamental to obtaining a declaration that the trademark is famous or well known should provide documents and evidence as proof.
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