Religious Trademarks
Both the image and the name of the Virgin of Guadalupe are registered with the Mexican Institute of Industrial Property, which is legally contradictory, on one hand the Constitution provides the guarantee individial to freely profess any belief or religion, but Regarding the Industrial Property Act does not prevent a person from obtaining the right to exclusive use.
History .- The officially accepted by the church has a mystical origin on the hill of Tepeyac and tells that in the fourth appearance of the Virgin asked Juan Diego Cuauhtlatoatzin that he report to Juan de Zumarraga, (who was first Bishop of Mexico ), to appear in deployed a ayate wearing roses and that is when they discover the image of the Virgin. Now the name of the Virgin of Guadalupe is uncertain, but the most accepted story says that the Virgin revealed the name “Guadalupe” to Juan Bernardino when he was sick, and although it is more acceptable name has other names like “Virgen del Tepeyac”, “Patron of Mexico City, Queen and Empress of America, among others. The facts from the sixteenth century in the case of the image and XVII in the case of the name.
The Virgin and Intellectual Property .- To our interest, which is the legal dates are paramount, has spent nearly half a century since the first published image in the “Ayate Guadalupe” and nearly four years since he known as the “Virgin of Guadalupe.” With respect to the Intellectual Property of the works and assuming that there had been an author of the pictorial, the moral rights would be ad perpetuam and economic rights had already expired, because the current legislation gives disclosed hundred years after a hundred years after the death of its author, for skeptics rights of the people portrayed have a limit of 50 years from publication. After these words the works are considered public domain.
The other side in the Industrial Property has another connotation .- dissimilar to the foregoing, we must consider that the Industrial Property Act was published for commercial purposes to distinguish the qualities of similar or identical and not of authorial recognition, following this order there is no legal impediment to religious images can be considered as trademarks, such is the case that there are currently over sixty marks and names and religious images in force at the Mexican Institute of Industrial Property, which distinguish products ranging from candles (La Virgen de Zapopan trademark 294 669) to prepaid phone cards (“La Virgen de Guadalupe” trademark expired 566641) and to electronics.
“Devotion to the applicant for registration of trademark or business acumen? in most cases probably the second, as is the case with distinctive trademarks that distinguish goods religious veneration as “candles” because the images do not distinguish between religious two products to denote quality and features, but the registration of such trademarks and trade restrictions that situation I consider contrary to the object of the Industrial Property Act which among others is the foster and promote the improvement of the quality of goods and services in the industry and trade, which seems impossible when you limit the use of religious imagery in these products.
The position of the Archdiocese of Jalisco: After obtaining the trademark “Virgen de Zapopan” the archbishop told several publications that the reason the record was not market it, but to protect third parties did not intend to charge royalties to the church for the use thereof, having registered the mark was a good decision, however it will be difficult to protect the right of registration if the products and services are sold or made available commercially.
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