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Filling requirements

TRADEMARK RENEWAL

1. Name, address and nationality of the renewal applicant.

If the applicant is a person different from the trademark owner registered with the Mexican Patent and Trademark Office (MPTO), it would be necessary to record the assignment, change of name or renewal.

If the applicant is the same person that appears as owner in the MPTO’s database, but the address has changed, the trademark owner has the option to update the registered address, although there are no negative consequences for not recording the change of address.

2. The use of the trademark in a different International Class would inure in the benefit of the registration to be renewed, provided that there is a trademark registration covering such different Class. If this were the case, we need to state the registration number for said different Class where the trademark is being used.

3. Statement of use.

The statement of use does not need any special formality.

Due statutory provision, the Mexican trademark agent must state under oath, on behalf of the trademark owner, that the trademark is being used and that such use has not been interrupted for three consecutive years or more.

The statement of use executed by the trademark holder is kept in our files to support the renewal application.

It is not necessary to file an specimen of the trademark or of the marked product.

4. Power of attorney.

The power of attorney does not need notarization or legalization.

Although a scanned or faxed copy of the statement of use would be enough, the statute demands the filing of the original executed power of attorney.

It would be possible to file the power of attorney alter the filing of the renewal application, but it would slow down the renewal procedure and the applicant would incur in additional fees due late filing of formal documents.

 

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