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Date of first use: in Mexico or abroad?

01-06-2014

Victor M. Adames

When a trademark application is filed in Mexico, the applicant may indicate the date of first use of the mark (day, month and year), if any.

It is not mandatory to declare a date of first use. However, the main purpose of indicating one in the application is to make a particular statement about the use of the mark in order to place a precedent in the official file.

The applicant does not need to prove the date with documents for the application to proceed. Nevertheless, it is important to declare a date as long as the applicant holds enough evidence (primarily invoices, but also import/export orders, magazines, newspapers and the like) to prove such a date in case the mark is challenged by a third party on the grounds of false data contained in the application.

Declaring a date is helpful as otherwise a third party can challenge the validity of a trademark registration on the grounds that he presumes the application was filed with false data; challenging, for example, the date of first use declared in the application form. Therefore, if a date of first use is declared, it is important to preserve the evidence that demonstrates it is correct.


trademark application, MIPL, IMPI, trademark registration

WIPR

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