Thank you for your today's fax communication in connection with the
referenced matter. As per your request, following you will find a general
description of the cost, requirements and time generally spent in the
registration of marks in Mexico.
A) Documentation and Information:
1. Power of Attorney.
As far as the granting of a power of attorney to members of this Firm is
concerned, please be advised that in accordance to the Mexican Industrial
Property Law provisions, there are three different types of powers of
attorney that could be used in Mexico.
(i) Power of attorney for administrative controversial and court
In order for a power for attorney to have full effects in administrative
controversial and court procedures, such power of attorney would have to be
(i) translated into Spanish by an independent expert translator authorized
by the Mexican Courts and (ii) legalized by the Apostille provided in the
Hague Convention of 1961 and (iii) authenticated by a Mexican Notary
Public. Moreover, attached to such power of attorney should be the
following documents duly authenticated as well;
(a) Certificate of good standing and proper incorporation of the grantor
(b) Certificate of the grantor's company Secretary attaching By-Laws or
Articles of Association (relevant sections at least) where rules to grant
the power of attorney is evidenced, and
(c) Certificate evidencing that the person signing the power of attorney
on behalf of the company granting the power of attorney has authority to do
(ii) Power of attorney for general administrative procedures
The power of attorney granted without attaching certificates mentioned
under items (a), (b) and (c) above, and without the authentication of a
Mexican Notary Public, nor translated by independent expert translator
authorized by the Mexican Courts (but by any other translator), duly
legalized by the Apostille provided in the Hague Convention of 1961, is
enforceable but only in general administrative procedures (i.e.
registration procedures of marks, assignment or license agreements
registrations, etc.); however subject power of attorney will not be
sufficient for any other procedure such as litigation, including
(iii) Power of attorney for limited administrative procedures
A simple letter power of attorney granted before two witnesses and
without the proper authentication nor legalization, may be used only for
patent applications, registration applications and for the registration of
assignment or license agreements. Please note however that subject power of
attorney will not be sufficient for any other procedure such as renewals,
filing of evidence of use, litigation (including administrative
litigation), etc. Even, the legal capacity of the applicant's
representative to reply to any requirement made by the Mexican authority in
connection with the registration procedure of the corresponding trademark
could be objected by any interested third party.
Be aware that the term granted by Mexican Law and the Mexican authority
to reply to objections raised by some authority or third parties during the
administrative procedure are generally short to have the suggested power of
attorney in final form.
Bearing in mind the above, we recommend to use the power of attorney
identified under paragraph 1 above. Enclosed you will find relevant formats
of power of attorney.
2. 20 black and white or color labels of the mark (if colors are to be
3. Address of the establishment where the products are manufactured or the
services are rendered (preferably in Mexico, if so is the case).
4. Address of the owner of the mark.
5. If priority is requested (see item 1.C below), certified copy of
application for registration in another country, duly notarized and
authenticated by the Mexican Consul.
6. If priority is requested, authenticated copy of the foreign
(non-Mexican) country application evidence or registration certificate,
duly notarized and authenticated.
7. Date of first use of the mark in Mexico, if any.
8. Description of the services or products that are to be covered by the
9. We suggest that prior to the filing of the relevant trademark
application, a computer search be performed. The cost for a search per
mark and per class is in the amount of US$100.00 plus approximately
US$11.00 for expenses. To report on each anticipation disclosed US$50.00,
plus approximately US$4.00 for expenses.
Government fees for each mark application, without claiming priority, are
approximately $1,208.65 -payable in advance- (approximately US$125.00).
Please note that government ...
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