What to do if a third party uses my brand?

What to do if a third party uses my brand?

Learn what actions you can take to prevent third parties from using your 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 the trademark registration gives 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 brand does not guarantee that any third party will use it without your consent, so you should know the options you have and how to proceed to avoid it.

If you don't notify IMPI, it will not know about 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:

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

Cease and Desist.

Without investing much effort, the first thing you can do is ask and directly demand that those who use your brand stop doing so immediately. Usually, a letter is sent known as “cease and desist letter” (or Cease and Desist Letter) 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 won't protect your brand on its own initiative, if you ask it to, rest assured that it will. What you have to do is request and carry out a 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:

• Receive a fine of up to 25 million pesos.
• Ser Closed or canceled, even on social networks.
• What is Insure and withdraw the objects or services that contain your brand.
• Among others.

Payment of Compensation.

Additionally, if you have suffered damages or losses by the third party who used your brand, you can demand payment of a Indemnity. You can do this procedure before the IMPI or before a Civil or Commercial Court.

If you find yourself 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 Lawyers. Contact us!