A Power of Attorney, POA in short, is a legal document that authorizes an entity to represent or act for another person, usually, in the managing of the person’s property, business or private affairs. The former is called the Attorney or Agent whereas the latter is commonly known as the Principal.
In Trademarks, a Power of Attorney is required to appoint an Attorney on your file so he/she can represent you before the respective Trademarks Office.
Having said that, in many countries including the US, UK, Europe, Canada and Australia you don’t need to sign a POA for a standard trademark application (power of attorney is already implied when you entrusted your attorney/agent trademark registration). However, there are countries, such as, China, Mexico, Russia and India where a POA signed by the owner or any other person legally bound to the owner is required in order to file a trademark application.
In the US, when an applicant wishes to replace its existing attorney and appoint a new attorney, it needs to sign a Power of Attorney authorizing the new attorney to prosecute the trademark application.
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No use is required for filing or registration. Â Use before registration is actually not recommended since Mexico is a first-to-file country.
A registered Mexican trademark must be renewed every 10 years from the date of the application. Trademarks may be renewed indefinitely.
Trademark right is a territorial right. Trademark protection is necessary to avoid infringement attack and protect your brand name. If you wish to have exclusive rights over your trademark in Mexico, you should consider filing your trademark there.
Mexico is a growing market for many businesses interested in opening opportunities in Latin America. Considering protection of your trademark in Mexico in order to avoid risks and to give it the seriousness and professionalism that your business deserves.
No, a US trademark is not valid in Mexico. Trademarks are only valid in a jurisdiction where they are filed.
In order to have protection in Mexico, you should file a separate trademark application in Mexico.
When a trademark application is filed, the Mexican Trademark Office will review the application. The trademark application will undergo both formal and substantive examinations.
Within 10 days after the filing date, the mark will be published in the Official Gazette for opposition purposes. Period of publication during which third parties may oppose is one month. Opposition process in Mexico is different as it doesn’t stop the trademark if it was opposed. If an applicant fails to respond to an opposition, it does not mean that the application will be abandoned, it simply means that the Trademark Office will issue a decision on the opposed trademark, either by registering it or by denying it.
After the opposition period, the trademark will be approved for registration. The whole process takes about 4-8 months in total.
A power of attorney is usually not required to file or renew a trademark in Mexico. However, it’s a trademark lawyer should have it in their file.
In Mexico, a trademark opposition period is one month.
Registration process in Mexico can vary greatly. If there are no obstacles to registration, registration can be as quick as 2-4 months.
However, in case there are objections, registration can take a year or even a year and a half.
