MEXICO Law and Practice Contributed by: Victor Adames, Carlos Hernandez, Paola Becerril and Eduardo Saldaña, BC&B Law & Business
the owner fulfils specific obligations, including declaration of use and paying renewal fees. Trade marks must be renewed at least six months before or after such a date is due. To proceed with the renewal of the trade mark registration, its owner must also file a declaration of use (of the trade mark on the goods/services for which the same had been used) alongside the renewal. If a trade mark registration expires, the appli - cant has a grace period of six months after this expiration to file for its renewal. If this additional six-month grace period passes without the trade mark being renewed, it will not be possible to revive it. 4.4 Application Requirements Any person (individual or entity) is entitled to apply for the registration of a distinctive sign and it is important to mention that the filing of a trade mark application may be effectuated by any person and not only by an attorney. To initiate a trade mark registration procedure, the applicant must file a trade mark application before IMPI. The application in question must comprise: • the contact information of the applicant (name, nationality, address, representative of the applicant, if any); • information of the trade mark to be registered; • name of the mark, if applicable, or repre - sentation of the distinctive sign sought to be registered; • date of first use, if any; • class; • identification of goods/services; • priority to be claimed; and • payment of fees.
As per the date of first use of the mark, it is not mandatory to file evidence on the same. Depending on the type of trade mark to be reg - istered (eg, mixed marks, three-dimensional trade marks, non-traditional marks, design trade marks) it will be necessary to show the visual representation of the distinctive sign intended to be registered. The Mexican trade mark system does not allow multi-class applications. The official filing fees for trade mark applications are MXN3,127 4.5 Use in Commerce Prior to Registration The Mexican trade mark system requires the registration of distinctive signs in order to grant exclusive use rights but there is no need for the mark to be used in commerce before registra - tion. 4.6 Consideration of Prior Rights in Registration IMPI may conduct an examination of a distinc - tive sign filed for registration and may consider the existence of prior trade marks that – due to phonetic, graphic and/or conceptual similarities and scope of protection – could constitute con - fusingly similar marks to the ones intended for registration. 4.7 Revocation, Change, Amendment or Correction of an Application Once an application for a trade mark has been filed, no changes and/or modifications to that application are allowed. The scope of its protec - tion, its distinctive sign, the date of first use and name of the applicant are all fixed.
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