Article 181 of the Mexican Law of Industrial Property (MLIP) establishes that when a trademark application is filed by a legal representative, the legal capacity of the latter must be proved through a power of attorney signed by the applicant.
Recently, an amendment to Article 181 was enacted, allowing the possibility of filing a trademark application without a power of attorney. The only requirement is a statement under oath by the person filing the application that they are the legal representative of the applicant.
The rationale for the amendment is that, under the MLIP, the validity of a trademark registration cannot be challenged on the grounds that the legal capacity of a representative was not properly proven. Therefore, it doesn’t make sense to prevent someone from filing a trademark application on behalf of a third party in a bona fide manner, by stating under oath that they are its legal representative.
The amendment will also speed up the filing process by removing the need to obtain a power of attorney. This will particularly benefit foreign applicants, since they will not need to carry out this time-consuming action that sometimes delays the filing process. Consequently, it will save the costs of late document filings.
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 firstname.lastname@example.org
MLIP, trademark applications, power of attorney