- The American company cannot use the “Crossfit” brand in Mexico, according to the Mexican Institute of Industrial Property (IMPI). - CROSSFUT has the objective of reaffirming national identity through sport.
Distrito Federal, Nov 26, 2020 (Issuewire.com) - CROSSFUT®, a trademark dedicated to the promotion of Mexican sports, was born in 2004. It has obtained 55 resolutions issued in its favor by the Mexican Institute of Industrial Property (IMPI), in the legal litigation that is carried out against the controversial fitness company, Crossfit Inc.
After almost 8 years of legal proceedings, the Mexican trademark, also legally authorized for the sale of exercise and physical training equipment, sportswear, among other items, advances in this conflict; the IMPI denied the registration of Crossfit in 2011 because it was a similar brand to one already existing in the country.
According to the law and criteria of the IMPI, said registry cannot be used in Mexico because the terms of both brands are similar to a degree of confusion and are directed to a similar public. However, Crossfit Inc. decided to defy Mexican laws and operate in the territory with illegally obtained registrations, which have already been challenged.
The Crossfit brand obtained different registrations of class 41 illegally derived from the same name. For example, "Crossfit Playa del Carmen" among others, an action that generates confusion in the case. Thus, the IMPI declared the nullity of the Crossfit trademark registrations, "Therefore, they do not have legal authorization to operate or sell under that name," said Notary Public Ignacio Soto Borja y Anda, Founder of CROSSFUT.
Crossfit Inc., which in recent months has been involved in scandals due to racist accusations, has sought to eliminate CROSSFUT in this process. However, the Mexican trademark has managed to defend its registration with the validation of the Specialized Chamber for Intellectual Property Matters (SEPI, by its acronym in Spanish) of the Federal Court of Administrative Justice (TFJA, by its Spanish initials).
It should be noted that, since its creation, the CROSSFUT trademark has worked to rescue traditions and culture, with the purpose of reaffirming national identity through sport. It has a presence in Mexico City, the State of Mexico, Guanajuato, Guerrero, Hidalgo, Morelos, Oaxaca, among other states.
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