In today’s world, differentiation of products and services is key to avoiding commoditization and price competition, maintaining business profitability and, ultimately, to attain marketplace position. Along with advertising, promotion and other marketing and sales efforts, trademarks capture the consumer’s attention and make products and services stand out. Better-differentiated brands not only help people simplify the purchasing process; they also command higher prices, speed up new product acceptance; retain repeat customers, win new ones and help to build customer loyalty.

At Arochi & Lindner, we help you register, protect and exploit the trademarks that are at the heart of your business and are among your company’s most valuable assets. We have established a preeminent full-service trademark practice in all aspects of domestic and international trademarks, trade names and trade dress.

We are skilled in searching and preparing business-centric legal opinions on the availability, registrability and protectability of trademarks, trade names, and related rights; our service includes the clearance, prosecution, and registration of trademarks. In addition to advice on all aspects of protection, maintenance, and portfolio management, we also negotiate and draft licenses, franchise agreements and other commercial transactions involving transfers or authorizations of rights. Our expertise includes handling trademarks cancellation, opposition, alternative dispute resolution and litigation.

Our trademark practice is renowned for its experience, sophistication, scope and depth. Our attorneys and paralegals take a business-oriented approach to handling the range of trademark issues that our clients encounter. In addition to providing the highest quality legal services, our client focus incorporates the specific needs and budgets of each client. Whether you are a large company, midsize business or an emerging growth company, we will protect your valuable trademarks and related rights.

Trademarks and other distinctive signs counseling and prosecution

We assist our clients in all matters related to acquiring domestic and foreign trademarks, slogans and commercial names, including registration, maintenance and renewal of these properties. Specifically, we clear (availability) searches; provide opinions on availability; prepare and file applications to register the asset; and “prosecute” the applications to the issuance of the registration, including responses to Office actions. In addition, we register trademarks with the Customs Agency. We also assist on all matters related to appellations of origin, e.g., orders to obtain a declaration of appellation of origin or authorizations for use of a declared appellation of origin. Furthermore, we handle matters related to the special protection of well-known and famous trademarks.

Trademark licensing

We protect, commercialize and enforce our clients’ trademark rights and the integrity of their brands, as well as their rights of endorsement, association and affiliation, including trademark analysis for mergers & acquisitions. We negotiate and draft agreements, such as licenses and assignments of trademarks and trademark rights and/or franchise related arrangements.

Trademark cancellation

We review and determine the most adequate strategies to cancel third parties’ trademarks, whether to avoid dilution or possible infringement or to acquire rights.

Trademark opposition

We file trademark oppositions against a newly filed and published trademark which infringe our client’s earlier filed or registered trademark and defend against trademark oppositions filed by others against our client’s trademark registration request. In addition, we provide trademark search and trademark watch services to check if there are newly published trademarks, which may cause damage to our client’s IP rights.

Trademark dispute resolution and litigation

We advise and represent our clients in all kinds of trademark infringement disputes, either as plaintiff whose rights have been violated or as defendant accused of infringing another party’s trademark. We evaluate whether an alternative dispute resolution method is a viable option to minimize costs and legal liability by avoiding a lawsuit. However, whenever facilitating a settlement is not appropriate, we design and execute aggressive and successful litigation strategies to protect our client’s rights.

Trademark enforcement

We help clients enforce their trademark rights by quickly and effectively implementing brand protection programs and acting against manufacturers and distributors to stop the flow of counterfeit and gray-market goods. When necessary, we obtain emergency injunctive relief, including seizures, temporary restraining orders and preliminary injunctions. We collaborate with authorities, Customs officials and private investigators to take swift and effective action through criminal and administrative proceedings before the relevant government agencies and the courts.

Arochi & Lindner’s trademark practice has been recognized as a top-tier practice both in Mexico and abroad since the firm’s beginnings. For over 20 years, we have been recognized as one of the firms that had submitted more trademark applications, including famous and notorious marks, before IMPI than any other.

Our trademark department is comprised of attorneys specializing in trademark matters, who, along with specialized paralegals, are in charge of the consultancy, preparation and filing of trademark, trade names and slogan applications. The service that our professionals provide is integral to their trademark strategies and extends from the drafting of opinions, dispute resolution, responses, to official writs issued by the trademark authorities. These include but are not limited to updated and novel arguments, supported by the ultimate criteria issued by the federal courts where a desired outcome is achieved 99% of the time.

Since Mexico joined the Madrid Protocol, we manage the supervision of international applications and the response to official writs bearing objections, in order to support those clients looking to take advantage of the privileges the international treaty provides.

In addition, our attorneys perform periodical reviews of the distinctive signs requested by third parties before the Mexican Institute of Industrial Property (IMPI) regarding the trademark portfolios of our clients. This ensures up-to-date strategies and prevents the misuse of intellectual property. We also consult, prepare and file applications for fame declaration and notoriety for our client’s trademarks, as well as the preparation, prosecution and procurement of collective trademark registrations.