Posted by: Arturo Reyes in trademark, Trade Marks, Reyes Fenig, non use, Mexico, Maintenance Fees, law, lack of use, intellectual property, Cancellation on
Aug 06, 2008
There are two frequent questions I receive from foreign colleagues and Mexican businessmen regarding maintenance of Mexican trademark registrations.
One is if it is required to file evidence of use of a trademark with the Mexican Patent and Trademark Office (MPTO) from time to time in order to keep a trademark registration alive. The answer is ‘no'.
The other question is: If it is not required by the statute, why some Mexican trademark lawyers insist in this filing every three years?
Since 1991 it is not necessary to file statements or evidence of use of a trademark with the MPTO in order to keep a trademark registration in force. It does not mean, however, that stopping using a registered trademark would not have negative consequences. If the use of a registered trademark is interrupted
Trade Marks - As Published in Current Intelligence 2007
Title: Use (You) Snooze You Lose
Cite and date: L. & J.G. Stickley, Inc. v. Ronald C. Cosser [Jan. 11, 2007] Trademark Trial and Appeal Board (TTAB) opinion in Cancellation Proceeding No. 92040202.
Conclusion sentence: Two registrations were cancelled based on analogous use where
Petitioner seeking cancellation established priority (standing) and met the burden of proof to rebut presumption of registration's validity by preponderance of evidence.
Legal Context: This TTAB decision illustrates the potential importance and availability of tacking on use that is considered analogous to trademark use for intent-to-use applicants as well as petitioners in contentious proceedings. Additionally, failure to establish proper trademark use in
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