Oscar de la Torre, Starlink’s lawyer, clarified that the trademark was registered to the satisfaction of IMPI since 2015, three years before Spacex began procedures.
In its attempt to seize the Starlink brand, the US company Spacex, owned by Elon Musk, alleged in court that the name was not duly registered with the Mexican Institute of Industrial Property (IMPI).
“It coincides that there is the fact that there is a trademark that is registered, but that it is not complying with what the law establishes, that it is not being used and that it was registered in contravention of the law,” said José Juan Méndez Cortés, a representative in Mexico of Spacex.
However, Oscar de la Torre, Starlink’s lawyer, clarified that the trademark was registered to the satisfaction of the IMPI since 2015, three years before Spacex began procedures.
“It was so granted with attachment, that the Mexican Institute of Industrial Property did not make any request for clarification and did not mention a right previously acquired by another person.”
Another argument from Spacex is that the Starlink trademark expired because it is registered in the name of the owner of Stargroup and not the company.
“There is a public registry in the Mexican Institute of Industrial Property that says who is the owner of the trademark. So, it seems to me that it is extremely risky to say that Stargroup’s rights are being affected when the owner is Mr. Aguirre, ”said José Juan Méndez.
De la Torre explained that engineer Aguirre granted Stargroup a license to use the brand. “And it is a license registered with the IMPI. So, it meets all the requirements to take this use into account. ‘Star’ is not an emblem born from one moment to the next ”, highlighted De la Torre.
Spacex’s lawyer in Mexico pointed out that it is a global satellite internet project, but De la Torre, Starlink’s lawyer, responded that no matter how big or beautiful a project is, “there is no justification to try to go beyond the laws and the rights of Mexicans ”.