What to do if someone else uses my trademark?

What to do if someone else uses my trademark?

If you have a trademark registered in Mexico, you can take steps to prevent third parties from using it.

It should be remembered that trademark registration grants its owner the right to be the only person in all of Mexico who can use and apply the trademark to the products or services indicated in the registration. However, having your trademark does not guarantee that any third party will use it without your consent, which is why you should know the options you have and how to proceed to avoid it.

If you do not ask the IMPI, it will not be aware of your brand and will not prevent third parties from using it, on the contrary, this is your responsibility. If you detect that a third party is using your brand, you can do the following:

• Demand that the use of your brand cease and desist.
• Request the imposition of a fine by the IMPI.
• Demand the payment of compensation.

CEASE AND DESIST.

Without investing a lot of effort, the first thing you can do is ask and directly demand that whoever uses your brand stop doing so immediately. Usually, a letter known as a “cease and desist letter” is sent informing them of the violations they are committing and the possible consequences. It's the quickest and friendliest way to act.

IMPOSITION OF A FINE.

If the letter didn't work or you decided not to send it, then you'll need to act more firmly.

Although the IMPI will not protect your brand on its own initiative, if you ask it to do so, rest assured that it will. What you have to do is request and carry out an infringement procedure against third parties who are using your brand. This procedure is being processed before the IMPI and will have the following consequences against the offender:

1. Receive a fine of up to 25 million pesos;
2. To be closed or canceled, even on social networks;
3. That the objects or services containing your brand be insured and removed;
4. Among others.

COMPENSATION PAYMENT.

In addition, if you have suffered damages or losses due to the third party who used your brand, you can demand compensation. You can do this procedure before the IMPI or before a Civil or Commercial Court.

If you are in this situation, we recommend that you contact a lawyer who specializes in the subject to advise you and help you act in the best way.

Get help and advice from RMG Abogados. Contact us.