TRADEMARK OPPOSITION Nonetheless, it may be valuable to consider
a real and effective conciliation phase so that the parties involved in IMPI proceedings have the chance to achieve a settlement on amicable terms instead of going through long and expensive procedures and trials. In any event, the trademark office needs to change its current view regarding consent letters or coexistence agreements, since although this kind of agreement is bound to the parties, it is highly desirable that
the trademark office widens
its criteria and accepts private agreements, especially taking into account that its aim is to preserve IP rights. In addition, the opposition system should
duly foresee what would be the legal standing of third parties. Tis is to set the specific grounds on which to base the filing of an opposition (absolute, relative, or both) to determine who will be entitled to initiate the procedure and also the formalities of it; to determine whether the opposition would be filed in a brief or through a template; to establish fair fees and the possibility of an audience and negotiating/conciliation phase. It is definitely complex but, if done right, it could be the recipe for a successful system. It is essential to be well aware that in cases opposition, trademark procedures and
of
certificates issuance will take longer, but as mentioned before, trademark owners
will
definitely have more legal certainty. In conclusion, it seems right to recognise that now is the moment to implement the
trademark opposition system in Mexico and take advantage of the opportunity to design a model whereby government and industry work together to create legal certainty and fair decisions.
Elizabeth Arroyo Quintana is an attorney at law at Becerril, Coca & Becerril. She joined the firm in 2013. As attorney of the contentious affairs department, she focuses her practice on the areas of IP litigation, anti- counterfeiting, and constitutional law. She can be contacted at:
earroyo@bcb.com.mx
Victor Manuel Adames Muñoz is an associate at Becerril, Coca & Becerril. He joined the firm in 2004. As manager of the trademarks department, he focuses his practice on trademarks, copyright, and domain names prosecution in Mexico and abroad. He can be contacted at:
vadames@bcb.com.mx
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www.worldipreview.com
World Intellectual Property Review Annual 2015
65
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