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
Posted by: Brian Law in non use on
May 12, 2008
In Godrej Sara Lee Ltd v Siah Teong Teck & Anor (No 2) [2008] 7 CLJ 24, the applicant sought an order from the High Court that a trade mark (disputed trade mark) registration of the first respondent be removed from the Register of Trade Marks in Malaysia. To obtain such an order, the applicant has to establish that (a) it is an aggrieved party, and (b) there has been non-use by the original registrant (the first respondent in the present case) of the disputed trade mark for a continuous period of three years up to one month before the application to remove the trade mark is filed.
Allowing the order, the High Court, amongst others, made the following points:
Section 46(1) has been inserted into the Trade Marks Act 1976 ("the Act") to allow applications only by those who have a genuine
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