ARTICLE
10 September 2018

Important Information Regarding The New Declaration Of Use In Mexico

O
OLIVARES

Contributor

Our mission is to provide innovative solutions and highly specialized legal advice for clients facing the most complicated legal and business challenges in Mexico. OLIVARES is continuously at the forefront of new practice areas concerning copyright, litigation, regulatory, anti-counterfeiting, plant varieties, domain names, digital rights, and internet-related matters, and the firm has been responsible for precedent-setting decisions in patents, copyrights, and trademarks. Our firm is committed to developing the strongest group of legal professionals to manage the level of complexity and interdisciplinary orientation that clients require. During the first decade of the 21st century, the team successfully led efforts to reshape IP laws and change regulatory authorizations procedures in Mexico, not only through thought leadership and lobbying efforts, but the firm has also won several landmark and precedent-setting cases at the Mexican Federal and Supreme Courts levels, including in constitutional matters.
Some of our clients have been asking for our assessment in connection with information they have received from certain Mexican colleagues concerning the declaration of actual and effective use which will be required ...
Mexico Intellectual Property

Some of our clients have been asking for our assessment in connection with information they have received from certain Mexican colleagues concerning the declaration of actual and effective use (DOU) which will be required as from August 10, 2018 for registered trademarks in Mexico.

Such colleagues are absurdly urging trademark owners to file the DOU for trademarks which registration was granted on May 10, 2015 onwards. This date is completely non-sense as the new provision of the Mexican IP Law establishing the filing of the DOU will apply only to trademark registrations that will be granted as from August 10, 2018. For those registrations the DOU must be filed within the three months following the third anniversary of the trademark registration as counted from the date of grant. For example, for a registration that will be granted on August 11, 2018 the DOU must be filed anytime between August 11, 2021 and November 11, 2021.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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