Appellations of Origin
Appellations of origin are protected under the Industrial Property Law of 1991. Except as stated below, the provisions of the law governing trademarks apply equally to appellations of origin.
Definition of an appellation of origin
An appellation of origin is the name of a geographic region of the country that is used to designate a product originating there, the quality and characteristics of which are due exclusively to the geographical environment, including both natural and human factors.
Registration of appellations of origin
An application for declaration of an appellation of origin may be filed with the Mexican Institute of Industrial Property (IMPI), by:
The application must identify any official standards promulgated by the Ministry of Economy that apply to the product.
Appellations of origin are owned by the Mexican government.
An appellation of origin may only be used by authorization of the IMPI. Authorization may be granted to any natural or legal person that is specified in the declaration of protection, or:
An authorization to use an appellation of origin remains in effect for 10 years following the application date, and may be renewed for equal periods.
The authorization may be transferred, if the transfer is recorded with the IMPI and proof is given that the new user meets the conditions of the grant.
A person authorized to use an appellation of origin may allow other persons who use his or her marks, to use the appellation of origin, as long as:
An authorization to use an appellation of origin may be revoked if:
Administrative declarations of revocation may be made ex officio by the IMPI, at the request of a third party or the Federal Attorney General’s Office.
Term of protection
Once granted, an appellation of origin remains in effect indefinitely. An appellation of origin ceases to be effective only if the IMPI issues a declaration of revocation.