September 3, 2010
On January 6, 2010 it was published in the Mexican Official Gazette a reform to article 181 of the Mexican Industrial Property Law (IPL), which deals with representation before the Mexican Institute of Industrial Property (IMPI) in behalf of the owners of industrial property rights (herein after referred to as “The Reform”).
Interesting is to note that The Reform applies only to representation in respect to trademark prosecution and maintenance matters, but not to patents nor to contentious matters.
Indeed, The Reform is focused in the way that representatives must prove their authority for filing trademark, slogan or trade name applications, renewal applications, as well as applications for recordation of assignment agreements, mergers, license agreements, change of name, change of legal status or change of address.
Pursuant to The Reform is no longer necessary to submit the power of attorney when filing applications for the above mentioned procedures. A declaration under oath, in the application form, stating that the representative has authority to act in behalf of the applicant will suffice. Accordingly while not necessary to file the power of attorney, a valid power of attorney must indeed exist at the time of filing.
Although the reform became effective on January 7, 2010, it was subject to the publication of the new official application forms, same that were published on March 18, 2010 and becoming effective as from April 1, 2010.