NAME, FULL DOMICILE AND NATIONALITY OF APPLICANT OR APPLICANTS
- If applicant is corporate entity indicate place of incorporation (Country or State).
- If the application is to be filed in the name of two or more parties the application must be accompanied with the rules governing the use of the mark, its licensing and its assignment, agreed by the parties.
2. IDENTIFICATION OF TRADEMARK OR SERVICE MARK SOUGHT TO BE REGISTERED
- If it is a design or composite mark provide a clear print thereof. If specific colors are to be claimed include a label showing the colors.
- Under Mexican Law only visible signs qualify as marks, including three-dimensional forms. However, animated or in movement denominations, designs or three-dimensional forms expressed dynamically, even though visible, are not registrable. Likewise, sensory marks (sounds, fragrances and the like) cannot be registered as marks.
3. GOODS OR SERVICES TO BE COVERED
- It is not possible to claim the entire heading of the class. Accordingly provide the specific goods or services that you want to cover. Please note, however, that you may specify not only the goods or services in connection with which the marks is or will be used in Mexico, but also others of similar nature as long as they fall into the same class.
THE ABOVE MENTIONED REQUIREMENTS (SECTIONS 1,2 AND 3) ARE ABSOLUTELY NECESSARY FOR OBTAINING A FILING DATE. THE FOLLOWING REQUIREMENTS CAN BE SATISFIED AFTER FILING THE APPLICATION
4. FULL DATE OF FIRST USE OF THE MARK IN MEXICO, IF ANY
- This information is to be provided in those cases where the mark sought to be registered has been used in Mexico. Should that be the case, the full date is required, that is, year, month and day.
- Under Mexican Law, use of the mark in Mexico is not required to obtain registration, thus an application can be filed mentioning that the mark has not been used.
- However, if there is a date of first use of the mark in Mexico, then this fact is very important since the first use of a trademark accrues rights and it may constitute legal grounds for applicant first user to contest a registration granted for an identical or confusingly similar goods or services, provided that said use predated the filing date or the date of first use declared in the application papers of the conflicting registration.
5. FULL FACTORY ADDRESS IN YOUR COUNTRY OR IN ANY OTHER COUNTRY, INCLUDING MEXICO, WHERE THE GOODS ARE OR WILL BE MANUFACTURED
- If applicant is not the manufacturer, then provide the full address of the commercial establishment where business concerning the goods is carried out.
- In the case of service marks please provide the full address in your country or in any other country, including Mexico, where the services are or will be rendered.
- Full address (Street No., City, Country and Zip Code). P.O. Box is not accepted in Mexico as an address for the purposes of Trademark Law.
6. POWER OF ATTORNEY
There are several forms of Power of Attorney for the prosecution of patent applications. Two forms are available for this procedure:
- Form 2 is to be used when the applicant is an individual and must be granted before two witnesses, indicating therein their full names and addresses below their signatures. No notarization or legalization is required.
- Form 4 is to be used when the Power is granted by a corporation or any other corporate entity for procurement of legal protection only. No notarization or legalization is required. Indicate immediately below the text of the Power itself at (1) the corporate resolution (such as Charter of Incorporation or By Laws or Board of Directors meeting or the like) whereby the Officer executing the Power was given authority to grant Powers of Attorney or a specific Power, mentioning its place and execution. The signature of two witnesses are also required, indicating their names and full domiciles below their signatures.
- Should the applicant or applicants find it necessary to grant a Power of Attorney to take nullity and enforcement actions it is recommended they contact a Mexican lawyer who can provide the appropriate form and explanations.
If the application is to be filed claiming priority under the Paris Convention please provide information on the country of origin, serial number and filing date of the priority application.
A certified copy of the priority application is to be filed within a term of three months after filing the Mexican application.
2. COLLECTIVE MARKS
These marks are recognised by Mexican Law and are those adopted by associations of manufacturers, merchants or service suppliers, legally incorporated. The rules for the use of the trademark must accompany the application.
3. MULTICLASS APPLICATIONS
Multiclass slogan applications are also recognised by Mexican Law, provided that two or more classes are sought to be protected under the slogan. However, no multiple class applications are allowed by the Law for Trademarks and Trade Names.
1. ALL THE INFORMATION PROVIDED MUST BE TRUE
The Mexican Law establishes the nullity of a mark registration when it was obtained based on false information.
2. AVAILABILITY SEARCHES
Searches on wordmarks are available through our computer hook-up with the Trademark Office and the results are provided within approximately 48 hours. Searches for composite and design marks are still made manually at the Trademark Office and the results are provided within a week or so.
This article is intended to provide a general guide to the subject matter and should NOT be treated as legal advice. Specific legal advice should be sought by you about your particular case and special circumstances.