The Supreme Court of Justice of the Nation (SCJN) ruled that the six-month grace period for renewing a trademark registration after its validity has expired is constitutional.

The Plenary of the SCJN, unanimously, upheld Article 237 of the Federal Law on the Protection of Industrial Property, establishing that it is consistent with the principles of equality, legal certainty, and free competition.

No Violation of Constitutional Principles
The grace period is part of an industrial property system designed to protect the continuity and stability of trademarks, preventing the loss of rights due to administrative omissions and ensuring a trademark’s distinctive function in the market.

Legality and Legal Certainty
The SCJN concluded that there is a complete and coherent framework governing the validity, renewal, and expiration of trademark registrations, in accordance with the Constitution and international treaties such as the Paris Convention and the Madrid Agreement, providing legal certainty to both trademark owners and third parties.

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