They declare definitive expiration in Mexico of the Google Design brand

The Google Design trademark was declared definitively expired given that the technology giant “could not demonstrate its use in Mexico during the period of three years,” according to the unanimous ruling of three magistrates who analyzed the file.

The company had registered that and three other trademarks but the Mexican Institute of Industrial Property (IMPI) announced that it did not prove that they were used, so they had to be cancelled. It was reported that in this case the registry was left open in case there are interested parties who meet the requirements.

The specialized intellectual property chamber of the Federal Court of Administrative Justice (TFJA), made up of three judges, confirmed that the IMPI is right and Google Design’s registration expired.

The company had filed an appeal to request that the institute’s ruling be annulled, that the trial be declared without matter and that the legal interest be denied after the Mexican lawyer and activist Ulrich Richter Morales noticed the lack of use of the trademark registrations. None of Google’s three requests proceeded, according to the resolution.

Last November, the company lost four trademarks related to services or products, for not proving their use at least within a period of three years, according to the opinion made by the IMPI. (The ConferenceAugust 29, 2024).

The brands were related to products such as lip balm, wood products, ivory, amber, shells and mirrors; bleaching and laundry preparations; as well as donation services to corporate organizations, among others.

The IMPI analysis was based on the appeal filed by Richter Morales himself and applied to four brands. The resolution of three more will be announced shortly by the Court.

The precedent of the litigation with the lawyer Richter Morales began with the company’s refusal to accept that it had offices with domicile in Mexico and for this reason Google refused to respond to the lawsuit for moral damage to him and his wife for a publication in a blog hosted by the technology company. To prove that he did have a domicile in Mexico City, the lawyer investigated that Google had trademarks whose registration could only be obtained if he had a domicile in our country.

In the trial for moral damage, the Mexican justice system – in two instances – has ruled in favor of Richter Morales and orders Google to pay him for the refusal to remove the false information from its platform, against which the company has defended itself and now The case will be analyzed by the Supreme Court of Justice of the Nation.