Trademarks

Two brands can share the same name: how the Nice classes work

Two brands can share the same name: how the Nice classes work

· Trademarks

One of the most common misconceptions when registering a trademark is believing that IMPI grants exclusivity over a word throughout Mexico. It does not. Exclusivity operates within the line of business the mark was registered in.

Internationally, goods and services are grouped into 45 categories under the Nice Classification. If one company sells clothing (Class 25) and another opens a restaurant (Class 43) under the same name, both marks can legally coexist: because they do not compete for the same consumer, no confusion arises.

The best-known example in Mexico is Corona. The beer is registered in Class 32. The laundry soap, in Class 3. The hardware tools, in Classes 6, 7 and 8. They are identical marks, with different owners and different industries, and all three are valid because they live in different classes.

The real risk is not that someone else uses your word. The real risk is choosing the wrong class. If you registered in a category that does not match what you actually sell, your flagship product may be unprotected against competitors — and you will find out when it is already too late.

That is why choosing your classes is not an administrative formality: it is a strategic decision that defines how far your protection reaches.

See the original post

Leer esta publicación en español

Free, no commitment

Find out if your trademark can be registered

Four out of every ten marks that reach us cannot be registered as they stand. We search the IMPI database and send you a written opinion before you spend anything on official fees.

Prefer to write? Message us on WhatsApp.

Free guide

The 7 costliest mistakes when registering a trademark in Mexico

The seven that cost a business the most, with the legal basis for each. Leave your email and we send it now.

More on Trademarks


Previous Is Mickey Mouse really in the public domain? The legal trap Next MOLSAM Advisory on ReRoot: an international profile