Can a trademark be registered in the name of two or more people?

Can a trademark be registered in the name of two or more people?

In the field of industrial property, trademark registration is essential to protect the identity and reputation of a product or service. In Mexico, the Mexican Institute of Industrial Property (IMPI) is the entity responsible for managing trademark registrations and granting corresponding rights. A common question that may arise is whether it is possible to register a trademark in the name of two or more owners in Mexico. Although this option is available, there are certain important aspects to consider when opting for a trademark registration with multiple owners.

1. Nature of the Brand by Co-Ownership: Registering a trademark in the name of several owners can be a strategic decision in cases where two or more parties have a legitimate and shared interest in the brand. This can happen when several people own the same business and want the brand to belong to them as well, or when several companies collaborate in the production or marketing of a product or service, becoming a visual representation of the association between these entities.

2. Rules of Use: Before proceeding with trademark registration in the name of multiple owners, it is essential to establish an ownership agreement commonly referred to as “Rules of Use”. There is confusion that these rules of use are the graphic and corporate identity rules of the brand, however, that is not the point. In fact, this agreement must detail the rules of use, license, transmission, defense, cancellation, limitation and representation of a trademark from a legal perspective and with respect to trademark registration.

3. Registration Process: The process of registering a trademark in the name of several owners is identical to that of a trademark with only one owner. All you have to do is include the identification data of all the owners and attach the rules of use; whether you do it through the virtual platform or directly at the IMPI offices.

4. Record Maintenance: Proper co-branding is crucial. This includes the submission of reports on the continued use of the trademark (Declaration of Use) and the periodic renewal of the registration at the end of the 10 years of registration. Any change in the relationship between the owners must be notified to the IMPI in a timely manner.

In short, registering a trademark in the name of two or more owners in Mexico is possible, but it involves certain responsibilities and legal considerations. A strong ownership agreement and a clear understanding of each party's duties are essential to maintaining the integrity and protection of the shared brand.

As in any legal matter, it is advisable to have the advice of a lawyer specialized in industrial property to ensure compliance with all legal requirements and avoid future problems.

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If you are looking for advice and support in your trademark registration, RMG Abogados can help you.