Grounds for rejection in MX: Misleadingness of TM applications

October 2020

The Mexican IMPI rejected a few weeks ago the trademark application “UNITED 2026”, filed by a Mexican individual and opposed by FIFA.

Basic argument: “UNITED2026” would create a wrongful link between the Mexican individual and FIFA, leading to confusion/error in the market as to the origin of the products. Therefore, the application is rejected even though FIFA did not have the trademark “UNITED2026” registered in Mexico.

The IMPI does not even get into the issue of the notoriety of FIFA’s sign (although mentions many facts suggesting/evidencing it) but essentially relies in the misleadingness of the application, mentioning a couple of times that the fundamental goal of trademark law is to protect the market and consumers from error as to the origin of a product or service.

Interesting approach which will have to be considered by international brand owners. You can get a Spanish copy of the resolution here: