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Friday 2 December 2011

Patricia Covarrubia

IMPI closes down two commercial establishments

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The Mexican Institute of Industrial Property (IMPI) taking its duties very seriously – that of safeguarding the legitimate interests of Intellectual property rights’ owners, has closed down to commercial establishments that were apparently infringing IPRs.

The first establishment is situated in Toluca. On October 12th IMPI imposed a provisional measure against JOSÉ FERNANDO NAVARRO
SÁNCHEZ. What about? The administrative action was brought by COMUNICACIONES NEXTEL DE MÉXICO, S.A. DE C.V., (registered under 682266) that provides services such as the marketing of mobile service phones and their accessories, against Jose Fernando Navarro Sanchez, to stop him using the trade mark 'NEXTEL Y DISEÑO' under which he also offered the same services as the claimant party. As Mr Navarro appeared not to have stopped using the trade mark, on 25th November, IMPI paid an inspection visit to Mr Navarro to verify compliance with the interim previously filed, however, Mr Navarro ignored the ban ordered by the IMPI, and so, IMPI gave a fine of two thousand days of the general minimum wage in Mexico City, and again ordering immediately abstain from continuing to offer its services under the aforementioned trade mark. On November 28, 2011, and since the Mr Navarro persisted in using the trade mark IMPI proceeded to close temporarily the establishment – 30 days.

On the same line, but in another town – Cuernavaca, a business was offering services under the trade mark ‘REPRESENTACIONES TURÍSTICAS BOJORQUEZ’ (TOURIST REPRESENTATIONS BOJORQUEZ). The application against this company was made by Armando de Jesus Bojorquez Patron who owns the registered mark ‘BOJORQUEZ Y DISEÑO’ for travel services (registration 660,853). Previously, IMPI imposed a fine to ‘REPRESENTACIONES TURÍSTICAS BOJORQUEZ’ for the same cause but as it kept using the trade mark IMPI is now imposing a different penalty, i.e. temporary closure of the business.

Source IMPI.
Notice of the procedure here.

Patricia Covarrubia

Patricia Covarrubia