As we know, the Madrid System is a tool that simplifies the administrative procedure of trade marks through an International Registration which is equivalent to various national registrations by the applicant in the designated contracting parties.
This indeed constitutes a great benefit for trade mark owners. However, in Mexico we have been facing the problem that most of the national trade mark applications and registrations derived from international trade mark registrations do not have a national or local attorney registered as a legal representative. This is a problem because it complicates notifications of official communications and/or legal actions these trade marks may receive, such as those derived from:
- opposition procedures;
- nullity or cancellation actions filed by third parties; and
- nullity trials in which the applicant is being called to intervene as an interested third party.
Therefore, if there were not a national/local attorney registered as a legal representative with a domicile to hear and receive notifications in Mexico, these notifications would have to be served by means of notices in a national newspaper which normally are hard to detect.
Likewise, the failure to detect such official communications and/or legal actions may have the following consequences without the trade mark owner being aware:
- the annulment or cancellation of the trade mark; and
- the granting of a confusingly similar trade mark for not intervening as an interested third party in a nullity trial.
In light of the above, it is highly advisable to contact a local Mexican attorney/law firm and ask them to record themselves as legal representatives in the national trade mark files derived from an international trade mark registration which has Mexico as a designated contracting party.
|Andrea de Landero|
Pedro Luis Ogazón No 17
Col San Angel
01000 México DF
Tel: +5255 53 22 30 00
Fax: +5255 53 22 30 01