Powers of Attorney

Each separate trademark application at the Mexican IP Institute (IMPI) requires an original Power of Attorney (or certified copy thereof) for the Attorney on file who represents the trademark owner(s).

It is not necessary to submit a Power of Attorney (PoA) when a trademark application is presented nor for the prosecution (if the application has been submitted). However, a PoA is required for enforcement of a trademark right once it is granted (e.g. oppositions, customs), or for defending against nullity actions (e.g. non-use); typically, there is very little time given to respond.

The IMPI also provides an avenue for obtaining certified copies of documents previously submitted before them, and finally also provides a registry of Power of Attorney documents, to simplify these administrative requirements. However, each of these steps requires additional time to complete, before the corresponding valid copies of the PoA documents can be submitted.

Therefore, when submitting new applications, there are the following options for submitting a PoA:

1) Submit (multiple) applications without PoA.
pros: Applications can be filed immediately.
cons: PoA filed at a later date, and late filing charges are incurred.

2) Submit (multiple) applications with a single, original PoA.
pros: One application will have the original PoA filed at IMPI. Applications can be filed immediately.
cons: We must request certified copies of PoA from IMPI (one for each additional application), which will be delivered at a later date (5-10 business days). Certified copies are later filed in the remaining applications. Late filing charges are incurred.

3) Submit multiple applications with multiple original PoAs
pros: All applications are filed with original PoA. No late submission charges are incurred.
cons: We must wait for original documents to arrive at our office before filing.

4) Submit multiple applications with a single PoA via PoA Registry
pros: All applications are filed with copy of PoA Registry receipt. No late charges.
cons: We must wait for original PoA to arrive, to submit at Registry. Registry receipt delivered at a later date (10-15 business days). Applications must be filed after Registry receipt is received.

In view of the above, then, and based on how many applications are to be filed and their corresponding requirements (e.g., priority date, response to Office Action for International Registration), and assuming the Attorney on file does not have a Power of Attorney (or an updated Power of Attorney), a request must be issued to the trademark owner for these documents.

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