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.
The rest of this article is locked for subscribers only. Please login to continue reading.
If you don't have a login, you will need to purchase a subscription to gain access to this article, including all our online content. Please use this link and follow the steps.
For multi-user price options, or to check if your company has an existing subscription to us that we can add you to for FREE, please email Atif Choudhury at achoudhury@worldipreview.com
trademark application, MIPL, IMPI, trademark registration