Mexican Trademark Law does not require trademarks, either applications or registrations, to have an attorney on file. However, this is not recommended as notifications regarding Mexican trademark applications or registrations will be published via the official gazette, as per the amended IP Law that came into effect in August, 2018. In many cases, neither the owner nor the World Industrial Property Organization (WIPO) will be notified directly; the latter applies for International Registrations via de Madrid Protocol.
Due to the fact that some types of notifications require responses within days, such as notices from the customs office, it is recommended that all Mexican trademark applications/registrations have an attorney on file and that said attorney monitor the official gazette for notifications in relation to these cases. The process of adding an attorney on file to a Mexican trademark can take several business days, not taking into account the receipt of an original Power of Attorney document from a client.
We recommend ensuring that all Mexican trademarks and registrations in a client’s portfolio have an attorney on file, even if an application has been granted without objection, in order to avoid any loss of rights due to a missed notification.
If you have any questions, please contact us.