Tuesday, January 3 2023   \  Published by Managing IP.

Legal standing in trademark non-use cancellation actions in Mexico

Legal standing in trademark non-use cancellation actions in Mexico

Jaime Rodríguez of Olivares explains the implications of the revocation by the Mexican Federal Court of Administrative Affairs of the criteria commonly used to allow complainants to credit their legal standing on trademark non-use cancellation proceedings.

In recent years, the Mexican Patent and Trademark Office (IMPI) has allowed complainants to credit their legal standing on trademark non-use cancellation proceedings through the existence of a trademark application without the need to initially demonstrate that the application’s registration was blocked in view of the prior existence of third parties’ confusingly similar registered marks. This was provided that the official action citing the conflicting registration as a pertinent barrier was submitted as subsequent evidence in the proceedings. Read more

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