Client Alert

The Mexican Congress of the Union approved the Organic law concerning the Federal Center for Conciliation and Labor Registry. The fundamental technical standards for the operation of the Center are established in this law, it also mentions that the Center will have a Government Board and a General Directorate. Additionally, the transitory articles establish that the professional service will enter into force one year after the creation of the CFCRL.

Since the amendment to the Article 128 of the Industrial Property Law, the Declaration of Use became mandatory for trademark owners in Mexico, and not filing it under the terms established by Law, represents an expiration cause of trademark registrations.

The Unit of Measurement and Update (UMA) cannot be applied to determine the estimation of retirement pensions; since these are benefits of a labor nature, they must always respond to the Minimum Wage.

On April 9th, 2019, was published in the Federal Official Gazette the notice by means of which the investigating authority of the Federal Economic Competition Commission (COFECE by its acronym in Spanish) reports the initiation of an investigation by the possible commission of absolute monopolistic practices in relation to the production, distribution and commercialization of maize flour in Mexican territory.

The Amends to the Industrial Property Law of May 18, 2018, incorporated the possibility of requesting the registration of non-conventional trademarks in Mexico, by modifying the definition of “trademark” as follows: “It is understood by Trademark, all sign perceptible by the senses and capable of being represented in a way that allows to determine the clear and precise object of protection, which distinguishes products or services from others of the same species or class in the market.”