mexico trademark declaration of use

Having a domestic representative appointed in your international registrations would be advisable to aid in these new obligations, considering the DOU has to be signed locally by an authorised representative. The above text aims to be a literal translation from Spanish to English that sadly reflects the poor legislative language used. In conclusion, it is extremely important to review your/your client’s current Mexican portfolio (both national and international registrations) to determine whether and when any of the DOU mentioned are applicable to your cases, in order to avoid loss of rights. The burden of filing the declaration of actual and effective use will impact, sooner or later, all trademark owners in Mexico, including owners of Madrid international trademark registrations. After recent legal changes in Mexico to declaration of use requirements, trademark owners should review their portfolios to determine if their rights are affected, says Christian Thomae of Dumont. Our firm has been actively participating in the approval process, offering our analysis and conclusions reached on the proposed text, which align with the position herein expressed. Breaking Tradition: How to Capitalize on the Changing Legal Industry, COVID-19 Restart Series: How the Pandemic May Impact the Canadian Legal Landscape in the Short and Long Term, A Different Perspective To Employer`s Liability For Anti-Competitive Behaviors: Arçelik's Application For Leniency, Losing The Battle, Winning The War? To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests. years. character". Sign Up for our free News Alerts - All the latest articles on your chosen topics condensed into a free bi-weekly email. -first use date of the trademark in Mexico (if any);-co-ownership agreement in case of several applicants. The use of all the goods and/or services for which the trademark was registered, has to be demonstrated. To properly interpret the constitutional provision, the concept of “legal detriment” shall be well understood under applicable law and jurisprudence which dictates that, in the threshold of public law, the loss of an acquired right or the loss of a right to which one had access to, because of a new law, will constitute or cause legal detriment. Mexico. What will be the scope of protection of a trademark upon filing of the DOU? In our view, the right in our federal Constitution that guarantees no retroactive application of the law when the same results in legal detriment does not apply in this particular case, on the following considerations: The retroactive application of the law is indeed permitted under our federal Constitution, unless legal detriment is caused. Therefore, it is important to review the goods/services for which use exists to determine whether these may be specified in the DOU for a trademark registered with a class heading, or whether re-filing would be advisable. (4) The provision which allowed to take advantage of the declared use in the renewal of a record will be abolished in order to accredit the use of other goods or services of a third registration. After serious and objective consideration and legal analysis our Firm has adopted a radically different position that holds that all trademark registrations granted from 10th August 2015 are indeed subject to this new obligation.

What will be the scope of protection of a trademark upon filing a DOU? Aside from the general rule, there is also room for interpretation when fundamental rights, for instance those contained in the Federal Constitution, may be jeopardized. Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services. Given the consistent and adamant aim of the Mexican Trademark Office and of some other law firms in Mexico to convey the message that it is safe to limit the obligation to file Declarations of Use (DOU) on those registrations granted as from 10th August 2018, we are clear on our duty to alert the IP community on the serious risk of adopting this position as the outcome, if the same is proven wrong as we hold, would simply result in the remediless loss of trademark rights. What happens to trademarks originally registered to protect class headings? However, no transitory provision addressing this issue was ever added to the amendment bill. The consequence of not doing so is the cancellation of Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Continue if you are OK with this or read more in our privacy policy. What will be the impact on costs for maintaining trademarks in Mexico? Regarding the third-year DOU, article 128 of the LIP states that the holder must declare actual and effective use of a trademark within the three months following the third year, counted from the date of registration, establishing that the registration will lapse automatically should the declaration not be filed. On June 6, 2020, Mexico acceded to the Hague System for the International Registration of Industrial Designs, governed by the Hague Agreement. Partial Cancellation Actions And Exclusion Of Products And Services, Some Of The Novelties Of The New Federal Law For The Protection Of Industrial Property And Its Implications. the six months prior to the expiration of the trademark and also The amendments contemplate the addition of the following Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors. No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. renewed if it is not in use, the amendments also contemplate the POPULAR ARTICLES ON: Intellectual Property from Mexico. Author: Carlos Pérez de la Sierra, Senior Partner. In the present circumstances, it is our view that there is no loss whatsoever of an acquired right. For example, with international registrations designating Mexico, exactly what are the answers from a straightforward interpretation of the amended text? One may wonder if there was no need for such a transitory provision in consideration of the fact that the amended text of the law required no clarification or called for interpretation, irrespective of the rather poor language used in the legal text. six months after the termination of the term. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. All Rights Reserved, Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access, No, I do not want Mondaq to share my personal data with Contributors. When exactly do trademark holders need to file a DOU for national and international registrations?

will process those applications that are filed within a period of This website uses cookies to improve your experience. Finally, it is very important to mention that the Regulations of To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website. You may not use electronic or other means to extract details or information from the Content. This change derived from important amendments to the Law of Industrial Property (LIP) that have brought our system closer to being up to date. Some of our colleagues in other law firms have found that changing the statue quo of registrations granted before the amendment became effective, by way of imposing a new obligation or burden will cause the amendment to be applied retroactively in legal detriment of acquired rights. Is evidence of use required?

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