Court endorses “grace period” in intellectual property

The Supreme Court of Justice of the Nation (SCJN) yesterday validated the so-called six-month “grace period” to renew the registration of a trademark after its expiration, by declaring article 237 of the Federal Law for the Protection of Intellectual Property (LFPPI) constitutional.

Unanimously, the Plenary approved the project of Minister Loretta Ortiz Ahlf, who denied protection to a person who challenged the rule, alleging that it violates the rights to equality, legal certainty and free competition because it gives an undue advantage to the owner of an expired trademark over third parties seeking to register a similar sign.

However, the Court declared the grievances unfounded and determined that Article 237 of the aforementioned law is compatible with constitutional principles and international standards for the protection of industrial property.

The ruling confirmed the resolution of August 15, 2024 of the eleventh collegiate court in administrative matters that denied protection to the complainant.