RULE 2.4.9: TRADEMARK BASE

For the purposes of articles 144, section XXVIII (LA: Art. 144), 148 (LA: Art. 148) and 149 (LA: Art. 149) of the Law, the customs authority will create an automated database with the information provided by the owners or legal representatives of the trademarks registered in Mexico, which will be validated by the competent authority, and will serve as support for the identification of merchandise bearing registered trademarks, in order to detect possible irregularities in the matter of intellectual property. The automated database must contain the following information, which the interested parties must permanently update:

I. Name of the trademark in question.

II. Name, address, Federal Taxpayer Registration (Registro Federal de Contribuyentes), telephone, email of the owner; as well as the legal representative of the trademarks in Mexico.

III. Trademark registration number.

IV. Tariff fraction and, where appropriate, the commercial identification number.

V. Detailed description of the merchandise, including specifications, technical characteristics and other data that allow their identification.

VI. Validity of the registration before the Mexican Institute of Industrial Property.

VII. Name, registered name or company name and Federal Taxpayer Registration (Registro Federal de Contribuyentes) of the importers, licensees and authorized distributors, if applicable.

VIII. Brand logo.

IX. Photographs of the merchandise and, where appropriate, design of their container and packaging.

The information contained in the automated database may be considered by the customs authority to detect possible irregularities in the matter of intellectual property, including in the customs clearance of the merchandise, as well as during the exercise of the faculties of verification, and must inform immediately to the competent authority of said situation, in terms of the provisions of rule 2.4.8. (RGCE 2020: Regla 2.4.9), for the corresponding purposes.

The legal representatives of the trademark owners must prove their legal personality, in accordance with the guidelines issued for this purpose by the General Customs Administration (Administración General de Aduanas), which will be announced on the Service Tax Administration (Servicio de Administración Tributaria) Portal.

Law 144-XXVIII (LA: Art. 144), 148 (LA: Art. 148), 149 (LA: Art. 149), General Rules of Foreign Trade (RGCE) 2.4.8. (RGCE 2020: Regla 2.4.9)