By: Emilio Carrillo
The Date of First Use is the date in which a Trademark was first used in commerce. This is very important since the Mexican Law grants rights to an applicant that has a prior use of a certain Trademark. A good example is the right to file a cancellation action on the basis of prior rights.
However, in order to obtain the recognition of a first use, it is absolutely necessary to have an uninterrupted use as of the date in which said use started until the filing date of the application. It is also necessary to state this date at the time of filing the application and it cannot be amended in the future. If no date is stated, the trademark will be considered as not used.
