One of the topics discussed by IP magistrates relates to the decisions issued by the Mexican Institute of Industrial Property in cancellation actions filed against trademark registrations on the basis of false data.
One of the topics discussed by the magistrates of the IP bench of the Federal Court for Tax and Administrative Affairs (FCTAA) in the past two years relates to the decisions issued by the Mexican Institute of Industrial Property (IMPI) in cancellation actions filed against trademark registrations on the basis of false data.
The principal argument in these actions is the false date of first use declared by the applicant in its trademark application, against the date of first use proved by the trademark holders in this litigation.
In accordance with Mexican IP law and regulations, the applicant in a trademark application must indicate the date of first use in the application, and this cannot be amended after the application has been filed.
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IMPI, FCTAA, first use, false date, Mexico