Filing
REQUIREMENTS
Trademarks
1. Name, address and nationality of the applicant
2. 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 latest edition of the classification provided in the Nice Arrangement.
3. Date of commencement of use of the trademark in Mexico, if any (please provide an exact date).
Use on just one of the goods/services listed in the application would be enough to claim the benefit of the date of first use.
The statement about the date of commencement of use becomes relevant only after the issuance of the trademark registration, 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. The statement about the date of commencement of use would not expedite in any way the examination of the trademark application or the issuance of the registration.
A false statement about the date of first use in Mexico may jeopardize the validity of the trademark registration.
4. If priority is claimed, serial number and date of the priority application.
5. High resolution image or print of the trademark if the mark includes a design.
6. 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.
