New criterion for recognising letters of consent in Mexico

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Historically, the Mexican Trademark Office (IMPI) has recognised letters of consent as a valid means to overcome anticipations cited during the prosecution of a trademark application. Through a letter of consent, the owner of a senior registered trademark and a trademark applicant express their consent to registration, confirming that the owner of the senior registered trademark is not affected by the granting of registration for the proposed trademark. However, the IMPI recently adopted a new criterion which, in certain cases, disregards the value of the letter of consent.


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