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What is the importance of registering a trademark?

For the consumer, the brand is what distinguishes one product from another, regardless if it is closely related or even if the products offered are of the same type.  This creates brand loyalty which is a valuable asset reflected in the financial statements of a business under the category “goodwill” or “intangibles”. That brand is what will ultimately generate in the public that awareness of quality of the product or service that is being offered.  It will make a different impression from the rest of the products of the competition. Therefore, the registration of the trademark and its corresponding logo is an...

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Buying Mexican Real Estate – Some Common Real Estate Terms

Closing Date The closing date or completion date is the day the property is transfer to the buyer, and the title deed is signed. Condominium Regime This document granted by a Notario Publico and recorded in the Public Property Registry. It contains all the rules and regulations for the development as well as legal matters regarding the complex. The buyers will not receive the title until the regime is registered. Notario Publico A Notario Publico is a licensed attorney, certified, and appointed by the government. The notario acts as an official representative of all parties of the transaction. They do not represent only you; you...

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Restrictions of Foreign-Owned Corporations in Mexico

According to foreign investment laws in Mexico, foreign investors may hold 100% of a Mexican corporation or partnership. The legal system and tax laws do not discriminate between foreigner business and Mexican National owned businesses. One thing that separates foreign-owned corporations and Mexican owned corporations are the activities they may carry out. Foreign investment is permitted in most sectors except for those activities listed below. Sectors reserved for the Mexican State Oil and other hydrocarbons exploration and extraction  Sale of electricity to the public Nuclear power  Radioactive minerals Telegraph and radiotelegraph services Postal services Printing money and coin minting Control, supervision, and...

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Residency in Mexico and Abuse of the FMM – Visitor Card

It is relatively common for foreigners to take advantage of the visitor card - FMM (Forma Migratoria Múltiple) as a way to live in Mexico. Many foreigners are entering as a tourist and staying the 180 days granted to visitors and then leaving the country and returning for another 180 days, rather than applying for a residency permit.  For a few years, there have been rumors that Instituto Nacional de Migración - INM will begin to crack down on this practice and regulate the use of an FMM as a way to live in Mexico. It started with some foreigners receiving...

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Rent to Own – A Transaction Agreement

If you are selling your property in Mexico, you may get an excellent offer from a buyer looking for a rent to own situation. The potential buyer may want to live on the property while making substantial payments.  How do you protect your investment and not waste time and money if the buyer defaults? You will need to take extra precautions to protect your interests. We recommend you hire a Mexican lawyer to draw up or at least review any legal agreement you make to ensure you and your investments are fully protected. What type of agreement will protect the potential buyer...

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