Who owns the ‘Checo Pérez’ brand? The race to protect a name both on and off the track

This week, Mexico City is dressed for celebration. Amid the colors and traditions of Día de Muertos, the Autódromo Hermanos Rodríguez is getting ready to host, from October 30 to November 1, 2026, one of the most anticipated sporting events of the year: the Mexico City Grand Prix. This year’s edition holds a special appeal for Mexican fans: the homecoming of Jalisco-born driver Sergio “Checo” Pérez, now as a member of the Cadillac team.

For millions of fans, the name Checo Pérez is instantly synonymous with Formula 1. Yet its value isn’t limited to what it represents within motorsport: as happens with other sports figures, his name has taken on significant commercial relevance, positioning itself as one of the most powerful assets in the market. In the sports industry, these elements not only generate business opportunities, but also raise the need to legally protect the signs that identify athletes and distinguish their commercial activities. This is where intellectual property takes on a fundamental role: when a name is closely tied to a person and their professional career, it can become an asset eligible for protection through industrial property rights. “CHECO PÉREZ” is a trademark registered with the Mexican Institute of Industrial Property (IMPI).

A case that illustrates the legal implications of this protection occurred in 2023, when Sergio Pérez Flores —then a senator for Morelos and a namesake of the Mexican driver— applied to register the trademark “CHECO PÉREZ FLORES” with the Institute. The application sparked a controversy, since the company holding the trademark rights linked to the driver filed an opposition to its registration.

This case opens the door to resolving frequent questions among entrepreneurs, creators, and professionals: can I register my own name as a trademark if someone else already uses an identical or similar one? Who can own a trademark associated with a public figure? And what legal alternatives exist if a third party attempts to register a sign that may conflict with my trademark?

Two Sergios, one nickname: what happened before the IMPI?

The “CHECO PÉREZ” trademark is not registered directly in the driver’s name, but in that of Fibra Pérez, S.A. de C.V., a company incorporated in Jalisco in December 2015, tasked with managing part of his commercial activities, including the operation of his official store. This strategy is reflected in the diversification of his trademark portfolio: the Mexican driver currently holds at least 29 registrations granted in his company’s name, across various classes tied to his different business lines. Among the protected names, besides “CHECO PÉREZ,” are “SERGIO PÉREZ,” “FUNDACIÓN CHECO PÉREZ,” “S11P SERGIO PÉREZ,” “CHECO11,” and even “EL VIEJO SABROSO,” a popular nickname fans have used to identify the driver that gained traction in recent years.

The application for “CHECO PÉREZ” was filed on August 15, 2017, and granted under registration 1901656 on July 17, 2018, to protect services in class 41, which covers education, training, entertainment, sporting and cultural activities, the organization of sporting competitions, and presentation and exhibition services.

However, on March 3, 2023, Senator Sergio Pérez applied to the IMPI for a mixed trademark with the name “CHECO PÉREZ FLORES” for the “organization of exhibitions, conferences, congresses, and symposia for cultural or educational purposes,” also in class 41. The application was published in the Gazette on March 10, 2023, and 21 days later, Fibra Pérez filed a notice of opposition expressing its disagreement with the requested registration and setting out the arguments for why it believed the registration could affect the rights derived from the Master of Speed’s trademark.

Among its arguments, the company noted that both names could generate confusion, since they shared the elements “CHECO PÉREZ” and were intended for services in the same class. To support its position, the opposition relied on various legal provisions, including article 173, section XVIII, of the Federal Law for the Protection of Industrial Property (LFPPI), which bars the registration of trademarks that could be confused with others previously registered for identical or similar goods or services. It also referred to article 12 of the same law, to article 386, section I, concerning administrative infringements, and to article 10 bis of the Paris Convention, on unfair competition.

Months later, the controversy also reached the public arena. The senator asked to be identified in the Senate as “Checo Pérez Flores”; in an interview with the outlet ESPN, he explained that in Mexico “Checo” is the usual nickname for anyone named Sergio, and that he added his second surname to distinguish himself. He stated that he was not seeking to create confusion and acknowledged the driver’s right to defend his identity. By September 2023, the Senate’s voting board already identified him as “Checo Pérez Flores.”

But how does an opposition before the IMPI work?

The opposition is one of the first tools that, during the processing of an application, allows third parties to alert the Institute to possible conflicts that granting a registration could create for their rights in the trademarks they own. In these cases, the procedure before the IMPI follows these stages:

1. Publication: the IMPI publishes the application in the Gazette no later than ten days after receiving it.
2. One month to oppose: from the moment the publication takes effect, there is a non-extendable period of one month for any interested party to oppose.
3. Submission of arguments and evidence: the party opposing must explain why it considers the application to be a problem and provide the corresponding evidence.
4. The IMPI analyzes the case: an opposition does not guarantee that the requested trademark will be rejected. The Institute must examine the arguments and determine whether any impediment to granting the registration exists.
5. The applicant can respond: the IMPI communicates the opposition, the impediments, or the pending requirements to the applicant, who has two months to respond, plus an additional two months. If they do not reply, the application is deemed abandoned.

Therefore, in the “CHECO PÉREZ FLORES” case, the controversy was not limited solely to two people sharing a name or nickname. The trademark question also involved determining whether, for that reason, the signs and the services involved could create a risk of confusion or association from the consumer’s perspective.

Checkered flag without a verdict: how the case ended

The outcome of the case came on September 17, 2024, when the IMPI declared the registration application for “CHECO PÉREZ FLORES” abandoned. The reason was procedural: the requirements set out in the official notice the Institute had issued to the senator on July 3, 2023, were not met.

Thus, the case left two practical lessons: in the race to protect a trademark, monitoring new applications and acting in time can make the difference. It also shows that addressing the IMPI’s requirements within the legal deadlines is essential: failing to respond can knock an application out of the running without the Institute ever ruling on the merits of the dispute.

However, it also raises a further question: what happens when the value of a name goes beyond the goods or services it is registered for? In the case of public figures like Checo Pérez, whose name enjoys broad recognition and a consolidated commercial presence, it becomes relevant to distinguish between the protection granted by an ordinary registration and the protection that can derive from a trademark’s notoriety or fame.

A famous trademark? An extra lap of protection

In Formula 1, not all drivers enjoy the same recognition; in the trademark arena, not all signs enjoy the same level of protection either. The LFPPI distinguishes between well-known trademarks and famous trademarks, according to the scope of their recognition.

A trademark is well-known when it is identified by a given sector of the public or of the country’s commercial circles. It is considered famous, on the other hand, when it is known by most of the consuming public or has reach or recognition in global commerce.

To obtain a declaration of notoriety or fame, the holder must file an application with the IMPI and back it with evidence. This may include market studies, data on the trademark’s first use, the duration and reach of its advertising, marketing channels, licenses granted, and market share.

If the IMPI grants the declaration, for five years it is presumed that the conditions that supported it remain in force. In other words, the declaration can serve as a strategic advantage in defending the trademark.

What’s the difference on the track?

An ordinary registration protects against identical or similar signs that may create confusion for identical or similar goods or services. The protection of well-known and famous trademarks, by contrast, can extend to different goods or services, provided the circumstances set out in the law are met.

And what does this mean for CHECO PÉREZ?

If someone were to apply for a similar trademark for products outside the services covered by the class 41 registration —clothing or beverages, for example— the existence of specific registrations for those categories would be a direct protection tool. In fact, Fibra Pérez’s portfolio includes registrations of “CHECO PÉREZ” for clothing (class 25) and alcoholic beverages (class 33).

Can I register my own name as a trademark? The starting line isn’t the finish

Yes, but having a name or nickname doesn’t guarantee you can register it as a trademark. In this race, priority and the rights of third parties count too.

The law allows registering an individual’s own name, provided there is no legal impediment, such as the risk of confusion with a registered trademark or a published trade name. Article 173 sets out some key rules to avoid conflicts:

• A name or nickname against a prior trademark: it bars the registration of names, surnames, nicknames, or appellations of individuals that are identical or confusingly similar to a registered and valid trademark, or to an earlier application in process, when they involve the same or similar goods or services.
• Names of famous people: it provides for an impediment to registering names, surnames, appellations, or pseudonyms of people with prestige, recognition, or fame when they may generate association, error, confusion, or deception, unless the application is filed by that person or their express consent exists.
• Can two trademarks coexist? The express, written consent of the holder of the earlier trademark may make it possible to overcome certain impediments.

In other words, it’s not enough to change one element of the name to avoid a trademark collision. Each case must be analyzed individually, and it is up to the IMPI to determine whether an impediment to granting the registration exists.

Is your name already racing as a trademark? Eight points to prepare your strategy

You don’t have to compete in Formula 1 for your name to become a valuable asset. For consultants, chefs, content creators, doctors, artists, athletes, and entrepreneurs, a personal brand can open commercial opportunities, build recognition, and grow alongside the business. But before hitting the accelerator, it’s worth reviewing these points:

1. Scout the circuit before you start: use the IMPI’s public tools to identify trademarks identical or similar to the one you want to register.
2. Choose the right category: trademark protection relates to the goods or services it distinguishes. If your business offers courses, sells clothing, and markets food, you’ll need to analyze the classes corresponding to each activity.
3. Decide who’s at the wheel: determine whether the trademark will be owned by an individual or a company. If the project involves your name, image, or signature, document the relevant authorizations and conditions of use as well.
4. Keep an eye on the Gazette: monitor the new applications the IMPI publishes. If you spot one that could affect your rights, remember that the deadline to file an opposition is one month from when the publication takes effect, and it cannot be extended.
5. Don’t ignore the Institute’s signals: address the IMPI’s requirements and objections within the applicable deadlines. As the “CHECO PÉREZ FLORES” case shows, an application can end up abandoned for failing to address a requirement, without the Institute ever ruling on the merits of the dispute.
6. Keep evidence of your track record: publications, contracts, licenses, invoices, advertising campaigns, and market studies can help prove the use and recognition of your trademark. The evidence must be relevant to the fact you intend to demonstrate, especially if you’re seeking to establish notoriety or fame.
7. Schedule your next pit stop: declaration of use and renewal: registering a trademark is only the start of the race. To keep it protected, you must file the declaration of real and effective use within the corresponding legal deadline and renew the registration every ten years. Meeting these obligations keeps the trademark in force and lets you keep competing in the market.
8. If you’re looking to coexist with another trademark, negotiate strategically: in the situations the law contemplates, the express, written consent of the holder of earlier rights can help overcome certain impediments.

In intellectual property, the one who arrives prepared also wins.

This weekend, the spotlight will be on the Autódromo Hermanos Rodríguez. But Checo Pérez’s story reminds us that there’s another race off the track: protecting a name, building a brand, and defending the rights acquired over it.

In that competition, every detail counts. Registering a trademark is merely the start; keeping it protected and developing a sound strategy lets you turn it into an asset that grows alongside the business.

At BE IP, we support individuals, entrepreneurs, artists, athletes, creators, and companies in protecting and defending their intellectual property assets, both in Mexico and abroad.

Is your name, personal brand, or project ready to hit the track? Book a consultation with BE IP and get advice on designing a protection strategy aligned with your commercial goals.

Sources

• ESPN. Flores, Omar, and Hernández, Eduardo. “‘Checo’ Pérez, una marca que disputan un piloto y un senador”. ESPN, October 23, 2023. View article.
• Latinus. “Morenista solicita al Senado que lo llamen Checo Pérez en las notificaciones oficiales”. Latinus, July 26, 2023. View article.
• El Financiero. “‘Checo’ Pérez, senador de Morena: ¿quién es y a qué aspira?”. El Financiero, September 3, 2023. View article.