Mexico: The importance of a local attorney

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Mexico: The importance of a local attorney

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

Olivares

Pedro Luis Ogazón No 17

Col San Angel

01000 México DF

Tel: +5255 53 22 30 00

Fax: +5255 53 22 30 01

olivlaw@olivares.com.mx

www.olivares.com.mx

more from across site and SHARED ros bottom lb

More from across our site

The insensitive reaction to a UK politician crying on TV proves we have a long way to go before we can say we are tackling workplace wellbeing
Adrian Percer says he was impressed by the firm’s work on billion-dollar cases as well as its culture
In our latest interview with women IP leaders, Catherine Bonner at Murgitroyd discusses technology, training, and teaching
Developments included an update in the VAR dispute between Ballinno and UEFA, the latest CMS updates, and a swathe of market moves
The LMG Life Sciences Americas Awards is thrilled to present the 2025 shortlist
A new order has brought the total security awarded to a Canadian tech company to $45 million, the highest-ever by an Indian court in an IP case
Andrew Blattman reflects on how IP practices have changed and shares his hopes for increased AI use and better performance on the stock market
The firm said major IP developments included advising on a ‘landmark’ deal involving green hydrogen production, as well as two major acquisitions
The appointments follow other recent moves in the European market as firms look to bolster their UPC offerings
Deborah Kirk discusses why IP and technology have become central pillars in transactions and explains why clients need practically minded lawyers
Gift this article