1E9Ct5D

3.2. Slogans212C H A P T E R X I IA slogan consists of a phrase or sentence intended to capture the public’s attentionregarding a commercial, industrial, or service establishment or business, and/or a productor service, and to distinguish it from others of the same type.The right to exclusive use of slogans is also granted for 10 years, which can berenewed for equal periods, and is acquired through the registration granted by the IMPI,as the result of a process governed in general by the rules established for trademarks,provided there are no special rules applicable.In order to ensure a registration does not lapse for lack of use, the trademark or sloganshould not be left unused for three consecutive years with respect to the productsor services for which it was registered. In this regard it is general practice in Mexico tofile a notice of use with respect to the registration every three years. While such a noticeis not mandatory, 13 it is considered a presumption of use since it is filed under oath.3.3. Trade NamesThe trade name is a distinctive sign that is used to identify an industrial, commercial, orservice company or establishment and distinguish it from the others that engage in thesame or a similar activity. 14The difference between a trademark registration and trade name is that the purpose ofthe first is to distinguish products and services, while the purpose of the second is to differentiateestablishments, businesses, and companies. In this respect, the right to exclusiveuse of a trade name will be protected without the need for registration; its use issufficient. However, its publication in the Industrial Property Gazette will produce theeffect of establishing a presumption of good faith in the adoption and use of the name.In terms of the LPI, the effects of the publication of a commercial name will last for 10years from the date of the filing of the petition and may be renewed for periods of thesame length.The procedure for such publication by the IMPI is initiated with a petition that can befiled by the person who is using the trade name (evidencing the actual use in relation toa particular line of business). Subsequently, once the legal requirements are met, a substantiveexamination will be done to determine if there is any identical or confusinglysimilar trade name applied in the same line of business, either applied for or published__________13Under the prior LPI, the filing of such a notice of use was mandatory; however, with the reforms of the lawit was removed as an obligation and left to the discretion of the client.14The protection of a trade name covers the geographic zone of the actual clientele of the company to whichthe trade name applies, which will be extended to the entire Mexican Republic if there is a massive and constantdissemination of the name in the country.