According to Article 264 of the Federal Law for the Protection of Industrial Property (New Law DOF 01-07-2020), an appellation of origin is understood as the product linked to a geographical area from which it originates, provided that its quality, characteristics or reputation are exclusively or essentially due to the geographical origin of the raw materials, the production processes, as well as the natural and cultural factors that affect it.
This definition requires the following:
The delimitation of a specific geographical region, proposed by the interested parties.
The validation or established recognition of the geographical name.
The specification of precise production conditions.
The characteristic of typicality.
In general, experts in the field agree that the determining factors for an appellation of origin are, in order of importance:
Climate: aspects such as light intensity, daylight hours, rainfall, temperature and relative humidity stand out.
Soil: Relevant factors include soil texture and chemical composition.
Plant species: In the case of Tequila, the agave tequilana Weber blue variety, an endemic species perfectly adapted to the climatic and soil conditions, is used.
Human activities: Refers to the human activities involved in the cultivation of the agave, its harvest, production and maturation of Tequila. These activities may include techniques, craft traditions and skills.
Once the necessary conditions for the recognition of an appellation of origin have been documented, Article 267 of the LFPPI states that the protection granted by this Law to the appellation of origin and geographical indication begins with the declaration issued by the Institute.
GENERAL DECLARATION OF PROTECTION TO THE APPELLATION OF ORIGIN "TEQUILA".
SECRETARIAT OF PATRIMONY AND INDUSTRIAL PROMOTION
In the margin a seal with the National Coat of Arms that reads: United Mexican States -- Secretariat of Patrimony and Industrial Promotion -- General Directorate of Inventions and Trademarks.
Number of the official letter: 16-I.-57348.
SUBJECT: General Declaration of Protection to the Appellation of Origin "Tequila".
The Secretariat of Patrimony and Industrial Development, based on Articles 153, 160, 161, 161, 162 and other relative and applicable articles of the Law of Inventions and Trademarks and 33 fraction XIX and 5o. Transitory of the Organic Law of the Federal Public Administration and taking into account the following.
BACKGROUND
On December 9, 1974, it was published in the "Diario Oficial" of the Federation the resolution of the then Secretary of Industry and Commerce, by which protection was granted to the appellation of origin tequila.
On September 20, 1976, Tequilera la Gonzaleña, S.A., requested to the Directorate of Inventions and Trademarks of the Secretariat of Industry and Commerce, the extension of the territory that includes the appellation of origin tequila, to include the municipalities of Altamira, Aldama, Antiguo and Nuevo Morelos, Gómez Farías, Llera, Ocampo, Xicoténcatl and González, of the State of Tamaulipas.
3.- On September 23, 1976, an extract of the application referred to in the previous point was published in the "Diario Oficial" of the Federation, in terms of Article 156 of the Law of Inventions and Trademarks.
Within the 45-day term granted to third parties to file observations and objections to the application of Tequilera la Gonzaleña, S.A., only the Regional Chamber of the Tequila Industry filed them: other companies also filed objections, but outside the granted term. These companies were: Tequila El Viejito, S.A., Tequila Sauza, S.A., Jorge Salles Cuervo, Tequilera Sánchez Rosales, S.A., Tequila Tapatio, S.A., Tequila San Matias, S.A., Tequila Rosales, S.A., Rio de Plata, S.A., Tequila Orendain, S.A., Empresa Ejidal Tequilera Amatitán, Tequila Viuda de Romero, S.A., Tequila Eucario González, S.A., Tequila Virreyes, S.A., Tequila Viuda de González, S.A., and Tequila Cuervo, S.A.
5.- Notwithstanding the foregoing, the documents filed have been served and from the study thereof it is clear that the objections expressed do not prevent the requested territorial extension, since;
a) The industrialists of the State of Jalisco promoted the cultivation of agave in the State of Tamaulipas.
b) The agaves cultivated in the area of the State of Tamaulipas whose extension is requested, comply with the quality requirements established by the standard issued by this Secretariat.
c) The investments that have been made in that region are substantial and allow foreseeing a considerable development with the consequent generation of employment and use of natural resources.
d) The protection granted by the appellation of origin should cover all the groups involved in the extraction, production and processing of tequila.
e) It is necessary to have a greater volume of raw material to produce tequila in order to satisfy the growing demand for this product, especially abroad, and to avoid the use of sugars other than agave in its production.
The Secretariat of Patrimony and Industrial Promotion considers convenient to adapt the declaration of Protection to the Appellation of Origin Tequila to the dispositions contained in the Law of Inventions and Trademarks and to include as additional municipalities to those already established in the Declaration and to those that request, those of Maravatío in Michoacan and Mante and Tula in Tamaulipas for having similar characteristics to the above mentioned.
Has resolved to issue the following:
GENERAL DECLARATION OF PROTECTION TO THE APPELLATION OF ORIGIN "TEQUILA".
The protection provided by Title Five of the Law of Inventions and Trademarks in force is granted to the appellation of origin "Tequila", to be applied to the alcoholic beverage of the same name.
The appellation of origin protected by this general declaration may only be applied to the alcoholic beverage of the same name referred to in the "Official Quality Standard for Tequila", established by the General Directorate of Standards of the Secretariat of Patrimony and Industrial Development.
The characteristics and raw material used for the elaboration of the product and the procedure for its manufacture will always be those fixed in said official standard.
3o.- For the effects of this declaration of protection, the territory of origin is the State of Jalisco; the municipalities of Abasolo, Ciudad Manuel Doblado Cueràmaro, Huanimaro, Pènjamo and Purìsima del Rincòn, of the State of Guanajuato; the municipalities of Briseñas de Matamoros, Chavinda, Chilchota, Churintzio, Cotija, Ecuandureo, Jacona, Jiquilpan, Maravatìo, Nuevo Parangaricutiro, Numarán, Pajacuarán, Peribán, La piedad, Régules, Los Reyes, Sahuayo, Tancítaro, Tangamandapio, Tangancícuero, Tanhuato, Tingüindín, Tocumbo, Venustiano Carranza, Villamar, Vistahermosa, Yurécuero, Zamora, Zináparo and Marcos Castellanos, of the State of Michoacán; the Municipalities of Ahuacatlán, Amatlán de Cañas, Ixtlán, Jala, Jalisco, San Pedro de Lagunillas, Santa María del Oro and Tepic, in the State of Nayarit; and the Municipalities of Aldama, Altamira, Antiguo de Morelos, Gómez Farias, González, Llera, Mante, Nuevo Morelos, Ocampo, Tula and Xicoténcatl in the State of Tamaulipas.
4o.- The Secretariat of Patrimony and Industrial Development will grant the right to use the appellation of origin protected by this General Declaration to the individuals or legal entities that meet the requirements established by article 164 of the Law of Inventions and Trademarks.
5th - The terms of this General Declaration may be modified in accordance with the provisions of Article 161 of the Law on Inventions and Trademarks in force, ex officio or at the request of the interested party.
The Secretariat of Patrimony and Industrial Development, through the Secretariat of Foreign Affairs will process the registration of the appellation of origin referred to in this General Declaration, in order to obtain its international protection in accordance with the treaties on the matter.
TRANSITIONS FIRST. This declaration will be published in the "Diario Oficial" of the Federation and in the Industrial Property Gazette.
SECOND. The General Declaration to the Appellation of Origin Tequila, dated November 22, 1974, published in the "Diario Oficial" of the Federation on December 9, 1974, is hereby repealed.
THIRD. The authorizations of use granted according to the fourth point of the Declaration that is repealed, will continue in force according to the terms of that Declaration as far as it does not oppose to the previous one.
Effective Suffrage. No Reelection.
The Secretary of the Branch, José Andrés Oteyza.
DOF: 31/12/1969
EXTRACT of the request for amendment to the general declaration of protection of the appellation of origin tequila.
In the margin a logo, which reads: Mexican Institute of Industrial Property.
Subject: Extract of the request of modification to the General Declaration of Protection of the Appellation of Origin Tequila.
NOTICE
Based on Articles 159, 161 and 166 of the Industrial Property Law and Fifth Resolutive Point of the General Declaration of Protection of the Appellation of Origin Tequila, published on October 13, 1977 in the Official Gazette of the Federation, the publication of the Extract of the request of modification to the appellation of origin of the mentioned General Declaration of Protection is made, at the request of the interested party, in the following terms:
Modification at the request of a party:
With a document filed before this Mexican Institute of Industrial Property on October 8, 1999, the citizen Luis Angel Villalobos Torres on behalf and representation of the citizen Mercedes Torres Orozco de Villalobos, requested the modification of the Appellation of Origin Tequila so that the Municipality of Romita of the State of Guanajuato be included in the protected geographical region. On February 10, 2000, it complied with the requirement made by the Institute, through the Departmental Coordinator of Conservation of Rights of the Divisional Directorate of Trademarks, by means of official letter number 2367 of February 4, 2000.
Under the terms of article 159 of the Industrial Property Law, the extract of the application filed by Luis Angel Villalobos Torres, is the following:
a).- Name, nationality and domicile of the applicant: Mercedes Torres Orozco de Villalobos, through her legal representative the citizen Luis Angel Villalobos Torres, of Mexican nationality, with domicile to hear and receive all type of notifications: avenida Aztlán number 263, colonia Ciudad del Sol, postal code 45050, Zapopan, Jalisco.
b) - Legal interest of the applicant: he based his legal interest in the fact of being a natural person directly dedicated to the production and extraction of agave of the species tequilana weber blue variety, in the terms and on the basis of articles 158 section I and 166 of the Industrial Property Law.
c) General Declaration of Protection of the Appellation of Origin: Tequila, published in the Official Gazette of the Federation on October 13, 1977.
3.- Indication of the requested modification and the cause that motivates it:
a).- Detail of the requested modification:It is requested to include within the protected geographical region the Municipality of Romita of the State of Guanajuato. This municipality is located in the Southwest region of Guanajuato, bordering, among others, with the municipalities of Ciudad Manuel Doblado, Cuerámaro and Abasolo, all of which are protected by the General Declaration of Protection of the current Appellation of Origin Tequila.
b) - Cause that motivates the request:
Currently in the General Declaration of Protection of the Appellation of Origin Tequila was included, among others, the municipalities of the State of Guanajuato bordering the State of Jalisco, which are: Abasolo, Ciudad Manuel Doblado, Cuerámaro, Huanímaro, Pénjamo and Purísima del Rincón. These municipalities present sufficient natural and human factors for the production of agave as determined in the official standard applicable to the alcoholic beverage tequila, in accordance with the data and documents contained in the file of the General Declaration of Protection of the Appellation of Origin Tequila.
Notwithstanding the above, from the rustic property called Ex Hacienda de Silva, located in the Municipality of Romita in the State of Guanajuato, the tequilana weber agave species blue variety is extracted for the production of alcoholic beverage, which according to the applicant has the same natural and human requirements corresponding to the territory that is currently protected by the General Declaration of Protection of the Appellation of Origin Tequila.
Likewise, it points out that in such rustic property there is a tradition in the production and harvesting of agave tequilana weber blue variety, which dates back more than 40 years. During that time it was considered that the aforementioned property was located in the Municipality of Ciudad Manuel Doblado, and therefore no interest was shown in promoting the expansion of the protected territory.
On the other hand, he comments that there is a need to have a greater volume of raw material to produce the alcoholic beverage known as tequila and thus be able to meet the growing demand for said beverage.
Finally, it states that the Tequila Regulatory Council recognized in due time the importance of the property called Ex Hacienda Cruz de Silva, as a producer of blue variety tequila weber agave.
By virtue of the foregoing, this Institute has deemed appropriate to initiate the procedure for the amendment of the General Declaration of Protection of the Appellation of Origin Tequila.
The present publication is made for the purpose that any third party that justifies its legal interest, formulates the observations or objections that it deems pertinent and, if applicable, provides the necessary evidence within the term of two months, counted as of the date of its publication in the Official Gazette of the Federation, under the terms established in article 161 of the Industrial Property Law.
During this period of time, the request for modification to the General Declaration of Protection of the Appellation of Origin Tequila and the file of the General Declaration of Protection of the Appellation of Origin Tequila in force, may be consulted free of charge in the file of the Trademark Divisional Direction of this Institute, located at Periférico Sur number 3106, colonia Jardines del Pedregal, postal code 01900, Delegación Álvaro Obregón, Mexico City.
Sincerely
Mexico City, February 28, 2000.- The Director General of the Mexican Institute of Industrial Property, Jorge Amigo Castañeda.- Rubric.
(First Section) DIARIO OFICIAL Thursday, March 9, 2000
Thursday, March 9, 2000 DIARIO OFICIAL (First Section)
Chronology of the Appellation of Origin Tequila
- Since 1943, there have been documented efforts by local businessmen to protect the "tequila" appellation and ensure the exclusivity of its use. These initiatives are based on a long lineage that associates both the industry and the region with this emblematic spirit, also known as the "national drink".
- In 1958, Mexico ratified the "Lisbon Agreement" concerning the safeguarding of appellations of origin and their global registration.
- Throughout the 1960s and subsequent years, when tequila acquired worldwide renown, certain nations (Japan, Spain) began to distill spirits which they designated "tequila".
- In 1972, Chapter X, Title Three of the Industrial Property Law, related to appellations of origin, was amended.
- On September 27, 1973, the CRIT submitted the petition to the SIC for approval of the General Declaration of Protection of the Appellation of Origin "Tequila".
- On November 22, an affirmative resolution on the above request was issued and announced in the D.O. on December 9, 1974.
- An agreement was formalized between Mexico and the U.S.A. by which Mexico agreed to prevent the use of the name "Bourbon" in its territory and the U.S.A. admitted Tequila as a characteristic and unique product of Mexico.
- A regulation admitting the Appellation of Origin Tequila was published in the Federal Register (December 5, 1973). In Mexico, on May 6, 1974, the Resolution that reformed numeral 2.1.1. of the Official Quality Standard for Whisky, DGN-V-I-1969, was published.
- On July 27, 1974, Foreign Affairs Canada decreed a measure limiting the use of the name Tequila to products originating in Mexico.
- On September 20, 1976, Tequilera la Gonzaleña requested the territorial expansion of the appellation of origin to certain municipalities in Tamaulipas.
- On October 13, 1977, the positive resolution regarding the aforementioned expansion was published in the Official Gazette.
- On April 13, 1978, the certificate of registration of Tequila in the "Registre International des appellations D'origine de la Organización Mundial de la Propiedad Intelectual (Geneva, Switzerland) was certified.
- On March 29, 1981, the Province of Quebec (Canada) issued a document expressing its recognition of the D.O.T.
- On October 29, 1982, Denmark accepted the D.O.T.
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