Member Article

Pursuant to the 2011 General Rules on Foreign Trade, since January 2, 2012, holders of trademarks that have been registered with the Mexican Industrial Property Institute (“IMPI”) may request the listing of their trademarks at the Mexican Customs Office (“AGA”), through a database developed by AGA.  The purpose of the listing is to facilitate the identification of goods illegally bearing trademarks registered in Mexico and being imported into the country, thus violating the rights of their legitimate holders.  The listing will expedite the immobilization of goods and the filing of criminal or administrative-law actions.

The AGA application must include the following information:

 i. The trademark registered with IMPI, together with its registration number, denomination, logo and effective term.

 ii. The holder’s name, address, federal tax ID number, telephone number, e-mail address, and the trademark legal representative in Mexico.

 iii. The applicable tariff item.

 iv. A detailed description of the goods covered by the trademark, including specifications, technical characteristics and 

 v. other data necessary to identify the goods.

The authorized importers’ and distributors’ names or corporate names and their respective federal tax ID numbers. Photographs of the goods and, if applicable, of their packaging or packing material. The purpose of the trademark listing is to determine in an easy way whether the goods being imported are illegal and, if so, 

advise IMPI or the Attorney General’s Office (“PGR”), as the case may be, so that in turn IMPI or PGE may inform the situation to the legal representative of the trademark holders.

Listed trademark holders may file a criminal complaint or administrative-law infringement action with the PGR or IMPI, depending on whether the violation is actionable by accusation or by a complaint of an interested party.

To avoid potential infringements, it is advisable to list the trademarks with the AGA database.  Our fees for such action will be US$300.00 plus VAT.   For this purpose it is necessary to submit a power of attorney that meets with all applicable legal requirements. As of today, there is no government fee payable for trademark listing.

The lawyers of the foreign trade and industrial property areas of our firm will provide you with any further information you may need on the above. 

Gerardo Hernandez, [email protected]

Martin Michaus, [email protected]

Fabian Toriz, [email protected]

Topaqui Diaz, [email protected]