Whenever a person, whether Mexican or foreign, seeks to incorporate a company in Mexico, he will first require a permit issued by the Ministry of Foreign Affairs (the Ministry) approving the use of the name requested for the new company. The same applies when changing a name as a result of a merger or acquisition. Although Mexican law prohibits the use of an existing trade mark as a company name and that the Ministry should review whether the name requested is not confusingly similar or identical to any existing trade mark de facto, this often does not happen. Therefore, the examination process is merely limited to the names of the companies recorded in the Ministry's files.