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 Instituto Mexicano de la Propiedad Industrial (IMPI) It 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 headlines in Mexico. While 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 everyone, 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 rules of graphic and corporate identity of the brand; however, that is not the point. In fact, this agreement should 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 that of a brand with only one owner. It is only necessary to include the identification data of all owners and Attach the rules of use, either through the virtual platform or directly at the IMPI offices.

4. Record Maintenance

The proper maintenance of joint ownership of the brand is crucial. This includes submitting notices about continued use of the brand (Declaration of Use) and the periodic renewal of the registration at the age of 10. Any change in the relationship between the owners must be notified to the IMPI in a timely manner.

Conclusion

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 anyIn a 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.

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