Due to an amendment of the Mexican Industrial Property Law in 2010, a power of attorney for representation purposes has not been needed to file a trademark application.
The provisions allow to file a trademark or slogan application, to renew a trademark or slogan registration, as well as to file writs regarding the recordal of a corporate change before the Mexican Trademark Office without a power of attorney by simply expressing, in good faith, that the signatory of such writ is the legal representative of the company in which name the action is taking place.
This measure has made the gathering of documentation to file applications or writs easier for trademark owners since in most of Latin American countries you need not only a power of attorney, but also that said document is duly notarised or even authenticated by means of apostille or that it is legalised through a Consul.
"THIS MEASURE IS TOTALLY ABSURD, SINCE THE RATIO LEGIS OF THE AMENDMENT WAS TO REDUCE THE DOCUMENTS NEEDED TO FILE A TRADEMARK APPLICATION OR WRITS."
To continue reading, you need a subscription to WIPR. Start a subscription to WIPR for £455.
In-house feature articles, the archive and expert comment require a paid subscription. Subscribe now.
Want to give it a try? We are offering a two week free trial to the WIPR website – register and select “Free Trial” to begin access to the full WIPR archive and read the latest news, features and expert comment. Begin your free trial here.
Is your 2 week free trial about to end? Upgrade to a 12 month subscription for £455 now.
If you have already subscribed please login.
If you have any technical issues please email James Lynn on firstname.lastname@example.org.
Mexican Industrial Property Law, power of attorney, trademark registration, slogan registration