In a recent blog post we considered the evolving situation concerning the registrability of cannabis trademarks in Brazil. Today we turn our attention to Mexico.
As a starting point, it is important to remember that cannabis legalization efforts are considerably more advanced in Mexico than in Brazil. The Mexican legislature is in the midst of considering a legalization bill, which the Senate has already approved. Medical use is legal and recreational use is accepted de facto, thanks to Supreme Court precedent. This is a great time to mention that our Mexico-based cannabis attorney, Adrián Cisneros Aguilar, tracks these issues closely on this blog.
Information provided by one of the largest medical cannabis providers in Mexico confirms there is no absolute bar on registration of cannabis-related trademarks—as there was in the past. The company in question has been able to register ten cannabis-related trademarks. While the Mexican Institute for Industrial Property (IMPI) did raise objections during the application process, these were solved by making changes to the wordmark or design in question. The problems were with similarity, rather than with the trademarks’ connection to cannabis.
At the same time, we know IMPI has rejected some applications for cannabis-related trademarks, on the
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