Trademarks

From a meme to a registered trademark: one creator case

From a meme to a registered trademark: one creator case

· Trademarks

It started as viral content. Today it is a registered trademark that generates revenue. The distance between those two states is one application.

What changes when you register

Before registration, a creator has attention. Attention is not an asset: it cannot be licensed with confidence, it cannot be sold, and it cannot be defended against someone selling merchandise with your catchphrase on it.

After registration, the creator has an exclusive right in specified classes, an entry in a public register that deters copying, standing to demand takedowns from marketplaces and platforms, and something that can be assigned or licensed for money.

What creators typically get wrong

Waiting until the revenue justifies the cost. By then the name is visible enough that someone else may have filed it, and Mexico grants rights to the first to file.

Filing in the wrong classes. A registration for entertainment services does not stop anyone selling clothing under the same name.

Ignoring the underlying copyright. If the content includes a character design, an illustration or music, those are separate rights that need their own treatment.

The practical sequence

Run an availability search, file the name in the classes where you sell or expect to sell, and register the creative material with INDAUTOR. We do the search and the opinion at no cost.

Owning it beyond the trademark

A registration gives you the sign for the classes you filed. It does not settle the underlying image, and for a creator that gap is usually where the money is.

Copyright in the drawing or photograph exists from creation, registered or not (article 162 of the Mexican Federal Copyright Law), and registration before Indautor is what fixes authorship and date in a form you can rely on later. If someone else made the image for you, the economic rights are yours as the commissioner unless agreed otherwise (article 83), but the author keeps the unwaivable right to be credited (article 19).

If the creation is a character rather than a single image, there is a third protection: a reservation of rights before Indautor over the character, with its name and identity. That is the one licensing deals are written about, and the one creators almost never have.

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Free, no commitment

Find out if your trademark can be registered

Four out of every ten marks that reach us cannot be registered as they stand. Send us the name and we come back with a straight answer on whether it has an obvious problem. No cost, no commitment. Need the full analysis, signed and in writing? That is the registrability opinion: USD 49 per mark and class plus 16% VAT, credited against your fees if you then file with us.

The free search is a preliminary, indicative review, not a registrability opinion: it is given without a likelihood-of-confusion analysis, without a signed document, and it creates no professional relationship. See the terms and conditions.

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