1 April 2013Jurisdiction reportsVictor Adames

Inconsistency for requesting a power of attorney

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."

While this has been indeed a good leap, the amendment is not complete due to the fact that you can only state one individual, and not two or more, as the legal representatives. The aforementioned provisions also state that if another individual (different from the previously appointed one) is going to act as a representative in any other action undertaken in one file, a power of attorney granted by the holder of said IP asset bearing original signatures would have to be filed.

Another issue arises when a trademark owner wishes to request a recordal of a change of address because for this action, a power of attorney is needed.

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. Moreover, it is incongruent that for requesting more important matters, such as filing of applications, responding writs of official actions, requesting recordals of changes of name, assignments or licences, the applicant does not need to prove its capacities as legal representative of the owner, while, for recording a change of address, the power of attorney is needed.

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