Many of our clients have inquired us regarding license agreements and specifically if it is compulsory to record them at the Patent and Trademark Office.
The straight response to this question is that Trademark and Patent owners are under no obligation to record their license agreements in Mexico. Nevertheless, it is absolutely necessary to bear in mind certain considerations:
Firstly, an owner of a Trademark Registration is required by the law to use the Trademark in connection with the products for which it was registered. If the owner is not using the trademark, then the Registration may be subject to cancellation on the basis of non use. However, the law recognizes the use by a user or licensee if the agreement is registered; otherwise such use will not be accepted.
