Trademarks Under the North American Free Trade Agreement (NAFTA), with References to the Current Mexican Law

Abstract

Begins with a brief explanation of the North American Free Trade Agreement (NAFTA) leading to the study of trademarks under chapter XVII of the Agreement. Part of the study of definitions and norms that this part contains is based on the trademark doctrine of Spain. Attempting to explain trademarks under NAFTA, excellent Spanish commentators are cited through their works. Part four explains how NAFTA’s trademark regulations were applied to the Mexican legal system, which allows us to observe the practical implementation of this important Agreement within the legal system of one of the participating member states. Through international agreements like NAFTA, one can witness the convergence of countries with distinct legal traditions, such as Mexico and the United States, and in large part Canada, and the unification of the asymmetry that exists between these countries. The Agreement’s effect on Trade Related Aspects of Intellectual Property Rights (TRIPS) within the Mexican trademark legislation before NAFTA was signed is explained, as is the worldwide impact of the Agreement. Finally, part five discusses the introduction of Mexico into the international trademark arena, sets forth the international treaties that involve trademark matters that Mexico has entered into, as well as those that are still pending, and explains the impact those treaties might have on the future of NAFTA