Registered trademarks acknowledged as well-known or famous in Mexico through the ad-hoc procedure

In the post Revisiting the Protection of Well-known Trademarks in Mexico, written on October 2008, I criticized the ad-hoc procedure provided in the 2005 amendment of the Industrial Property Law for the ad-hoc acknowledgement of trademarks as well-known or famous in Mexico, basically because it did not seem to be an effective way to enhance the protection to well-known trademarks.

In my opinion, the ad-hoc procedure is too burdensome for trademark owners, causing a very small number of applications for the ad-hoc acknowledgement of trademarks as well-known or famous in Mexico. I also stated that the limited benefits of the ad-hoc acknowledgement of a trademark as well-known and the high could also discourage applicants from applying for such acknowledgment.

Although I still maintain my opinions about the ad-hoc procedure, after I wrote the post, the Mexican Patent and Trademark Office have issued a small number of ad-hoc acknowledgments of well-known and famous trademarks.

The following trademarks have been acknowledged as famous in Mexico, through the ad-hoc procedure:

Trademark: “ANDREA”
Date of decision: November 4, 2008
Application serial No. 2197/2007
Owner: Fábricas de Calzado Andrea, S.A de C.V.
Status. Famous

Trademark: “CINEPOLIS”
Date of decision: November 20, 2008
Application serial No. 1256/2008
Owner: Cinemas de la República, S.A. de C.V.
Status: Famous

Trademark: “INTEL”
Date of decision: July 31, 2009
Application serial No. 1577/2008
Owner: Intel Corporation
Status: Famous

Trademark: “RED BULL”
Date of decision: February 19, 2010
Application serial No. 2284/2008
Owner: Red Bull GmbH
Status: Famous

Trademark: “MARINELA”
Date of decision: March 12, 2010
Application serial No. 103/2009
Owner: Grupo Bimbo, S.A.B. de C.V.
Status. Famous

Trademark: “GANSITO”
Date of decision: March 12, 2010
Application serial No. 101/2009
Owner: Grupo Bimbo, S.A.B. de C.V.
Status: Famous

Trademark: “BIMBO”
Date of decision: April 23, 2010
Application serial No. 100/2009
Owner: Grupo Bimbo, S.A.B. de C.V.
Status: Famous

The following trademarks have been acknowledged as well-known in Mexico, through the ad-hoc procedure:

Trademark: “BARCEL”
Date of decision: March 22, 2010
Application serial No. 102/2009
Owner: Grupo Bimbo, S.A.B. de C.V.
Status: Well-known

Trademark: “RICOLINO”
Date of decision: April 5, 2010
Application serial No. 104/2009
Owner: Grupo Bimbo, S.A.B. de C.V.
Status: Well-known

Trademark: “PRITT”
Date of decision: June 30, 2010
Application serial No. 638/2009
Owner: Henkel AG & Co. KGAA
Status: Well-known

Of course, the above lists do not show all the trademarks that have been, or could be, regarded as well-known or famous in Mexico. It is limited to those registered trademarks that have been considered, as of August 5, 2010, as well-known or famous in Mexico through the ad-hoc procedure provided by section 98 bis-1 of the Mexican Industrial Property Law. Other trademarks have been acknowledged as well-known (and famous I assume, although I am not aware of such case) as a consequence of an invalidation or infringement actions, or just because the examiner believed they were famous or well-known when objecting or rejecting a trademark application form a third party, even if there was no previous procedure deciding that that mark was well-known or famous in Mexico.