General Declaration for Protection of the DOT

General Declaration

GENERAL DECLARATION FOR PROTECTION OF THE APPELLATION OF ORIGIN "TEQUILA"

SECRETARY OF HERITAGE AND INDUSTRIAL DEVELOPMENT


At margin a seal with the Mexican National Emblem, stating: United Mexican States.—Secretary of Heritage and Industrial Development.-- General Direction of Inventions and Trademarks.
Official Letter Number: 16-I.-57348.

SUBJECT: General Declaration for Protection of the Appellation of Origin "Tequila".

The Secretary of Heritage and Industrial Development, pursuant with Articles 153, 160, 161, 162 and other related and applicable articles of the Law of Inventions and Trademarks and Article 33 Section XIX and the 5th Transitory Article of the Federal Public Administration Law, having on account the following:

Backgrounds

1.- The Federation Official Newspaper published on December 9, 1974 the resolution of the then Secretary of Industry and Commerce, granting protection to the Appellation of Origin Tequila.

2.- On September 20, 1976, Tequilera la Gonzalena, S.A., asked for an extension of the territory comprising the Appellation of Origin Tequila before the Secretary of Industry and Trade to include the Municipalities of Altamira, Aldama, Antiguo and Nuevo Morelos, Gomez Farias, Llera, Ocampo, Xicotencatl and Gonzalez, all of them located at the State of Tamaulipas.

3.- The Federation Official Newspaper published on September 23, 1976 a summary of petition as referenced in paragraph above under terms of Article 156 of the Law of Inventions and Trademarks.

4.- A 45-days term was granted to any third party to formulate remarks and submit objections to the petition submitted by Tequilera la Gonzalena, S.A. Only said remarks and objections were submitted by the Regional Chamber of the Tequila Industry. Other companies also submitted objections but out of the due date. Those 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, writings submitted were checked and after reviewing them, it was found that objections received did not restrict the territorial extension requested, since:

a) Industrial men of the State of Jalisco promoted the agave growing within the State of Tamaulipas;

b) Agave growing in the area of the State of Tamaulipas which enhancement is requested, meets the quality requirements set forth by the Standard issued by this Secretary;

c) Investments that have been made in that area are high and can predict a significant development with the consequent employment generation and natural resources exploitation;

d) Protection provided by the Appellation of Origin must cover all groups intervening in the Tequila extraction, production and preparation;

e) there is need to increase the raw material to produce Tequila in order to supply increasing demand for this product, specially from abroad and avoid the use of sugars different from agave sugars in its preparation.

6.- The Secretary of Heritage and Industrial Development considers as appropriate to adapt the Declaration for Protection of the Appellation of Origin Tequila to the provisions of law contained in the Law on Inventions and Trademarks to include Municipalities in addition to those already established in the Declaration and those seeking of Maravatio in Michoacan and Mante and Tula in Tamaulipas for having characteristics similar to the above mentioned.

General declaration for protection of the DOT

After reviewing it, it was resolved:

GENERAL DECLARATION FOR PROTECTION OF THE APPELLATION OF ORIGIN "TEQUILA"


1st.- Protection foreseen by Fifth Chapter of the Law of Inventions and Trademarks into force to the Appellation of Origin "Tequila", to be applied on the alcoholic beverage of that same name.

2nd.- The Appellation of Origin protected by this General Declaration shall be applied only to the alcoholic beverage known with the same name as referred in the "Quality Official Standard for Tequila", as established by the General Direction for Standards of the Secretary of Heritage and Industrial Development.

Characteristics and raw material used for product elaboration and procedure for its manufacturing shall be always the same as determined in said Official Standard.

3rd.- For the purposes of this protection declaration, the entire protected Mexico territory of origin is located within the State of Jalisco: the Municipalities of Abasolo, Ciudad Manuel Doblado Cueramaro, Huanimaro, Penjamo and Purisima del Rincon; in the State of Guanajuato: the Municipalities of Brisenas de Matamoros, Chavinda, Chilchota, Churintzio, Cotija, Ecuandureo, Jacona, Jiquilpan, Maravatio, Nuevo Parangaricutiro, Numaran, Pajacuaran, Periban, La Piedad, Regules, Los Reyes, Sahuayo, Tancitaro, Tangamandapio, Tangancicuero, Tanhuato, Tingüindin, Tocumbo, Venustiano Carranza, Villamar, Vistahermosa, Yurecuero, Zamora and Zinaparo; into the State of Michoacan: the Municipalities of Ahuacatlan, Amatlan de Canas, Ixtlan, Jala, Jalisco, San Pedro de Lagunillas, Santa Maria del Oro and Tepic, of the State of Nayarit; and the Municipalities of Aldama, Altamira, Antiguo de Morelos, Gomez Farias, Gonzalez, Llera, Mante, Nuevo Morelos, Ocampo, Tula and Xicotencatl of the State of Tamaulipas.

4th.- The Secretary of Heritage and Industrial Development will grant the right to use the Appellation of Origin protected by this General Declaration to any individual or corporation who meets requirements set forth by Article 164 of the Law for Inventions and Trademarks.

5th.- General Declaration terms may be amended as foreseen by Article 161 of the Law for Inventions and Trademarks into force ex – officio or upon interested party request.

6th.- The Secretary of Heritage and Industrial Development, through the Foreign Affairs Secretary, shall arrange the registry of the Appellation of Origin referenced in this General Declaration to get international protection as per agreements in this field.

FIRST TEMPORARY ARTICLE. This General Declaration shall be published by the Federation Official Newspaper and the Bulletin of the Industrial Property.

SECOND TEMPORARY ARTICLE. General Declaration to Appellation of Origin Tequila dated November 22, 1974, as published by the Federation Official Newspaper on December 9, 1974, is hereby overruled.

THIRD TEMPORARY ARTICLE. Authorizations for use granted as per the fourth item of the Declaration hereby amended, shall be in effect under terms of this Declaration if it is not opposite to terms of this amendment.


Effective Suffrage. No Reelection.
Secretary, José Andrés Oteyza.-Signature

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Zip Code: 45030
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State, Country: Jalisco, México 
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