Can a product's label or packaging be registered as a trademark in Mexico?

Yes. In Mexico, the commercial image (also known as Trade dress) can be registered as a trademark when it constitutes a distinctive visual combination that makes it possible to identify products or services in the market.

What is business image?

It is the set of visual elements that accompany the presentation of a product or service, such as:

• Label design
• Visual format of the packaging
• Decorative Elements of an Establishment
• Among others

The Federal Industrial Property Protection Act (LFPPI) allows the registration of operational or image combinations that, when integrated, commercially distinguish products or services.

Examples of registrable elements as a commercial image:

· Graphic design of labels, wrappers or packages
Colors, Shapes, Arrangement of Visual Elements

· Interior of commercial establishments
Arrangement of furniture, lighting, colors, general atmosphere

· Facades or exteriors of premises
Architecture, Colors, Distinctive Signage

· Uniform staff
Colors, design, combination of unique elements

· Stands for fairs or exhibitions
Structure, configuration, graphic and visual style

· Visual presentation of products on shelves or showcases
Specific and distinctive layout at points of sale

· Design of delivery or service vehicles
Characteristic colors, lettering, graphics or shapes

· Food, beverage or cosmetic packaging
Including distinctive non-functional forms of the container

· Graphic design of restaurant menus or menus
As long as it has visual originality

· Thematic decoration for franchises or commercial chains
For example: settings such as Starbucks®, McDonald's® or The Cheesecake Factory®

Real cases of commercial image registrations:

• Valentina®: Record your label design for sauce products.
• Comex®: Registration of a blue-wrapped brush as part of its commercial presentation.
• Chevron®: Record the external image of your service stations.

Why register your business image?

The consumer first identifies the visual, rather than the name or logo. Registering your business image gives you:

• Legal exclusivity over design in Mexico
• Protection against imitations or copies
• Strengthening the value and recognition of your brand
• Competitive advantage in the market

Do you have a visual design that sets your products apart?

At Rodríguez, Manzano & Garcia, we help you legally register it to protect your brand's visual identity.

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