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Filling requirements

TRADEMARKS

1. Name, address and nationality of the applicant.

2. Address or location of the business place or factory of the applicant.

3. Date of commencement of use of the trademark in Mexico, if any (please provide an exact date).

The application may also be filed on intent-to-use basis.

If the actual date of commencement of use in Mexico were not available, the applicant may claim the earliest available date, provided that it has some documentary evidence (invoice or advertisement published in Mexico) to support such statement in the future in case it becomes necessary.

The applicant may not claim in its benefit the earlier use that a subsidiary, parent or sister company may have performed in the past in Mexico.

The use or intent-to-use statements would not expedite in any way the examination of the trademark application or the issuance of the registration.

The statement about the date of commencement of use becomes relevant only when enforcing the trademark rights against a third party that started using the trademark in Mexico, without authorization, before the filing date but after the date of first use in our country. On the other hand, a false or inaccurate statement about the date of first use in Mexico may jeopardize the validity of the trademark registration.

4. Products or services to be covered by the trademark.

There are no multiple-class applications in Mexico; it is necessary to file one application per International Class according to the 9th edition of the classification provided in the Nice Arrangement.

5. If priority is claimed, serial number and date of the priority application.

A certified copy of the priority document has to be filed within a three months term counted from the filing date in Mexico in order to have the priority acknowledged.

6. Print or digital image of the trademark, if the mark includes a design.

7. Power of attorney for trademark filing.

The power of attorney does not need notarization or legalization.

The original executed power of attorney may be filed after the filing of the application. No fees for late filing would apply and it would not delay the formal examination of the application.

8. Co-ownership Agreement (only if there are two or more co-applicants).

When a trademark application is filed by two or more co-applicants, the statute demands that the co-applicants execute and file an agreement, providing the rules concerning the use and licensing of the trademark, as well as the conditions associated to the limitation of the products and services covered by the trademark application/registration, the voluntary withdrawal/cancellation of the trademark application/registration and the right of first refusal of the co-owners.

The co-ownership agreement may be filed after the filing of the trademark application.


 

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