Any registered trademark in Mexico has a 6-month term before, and a 6-month term following the registration’s 10-year term, to file a petition for renewal.
When renewed, a trademark registration in Mexico must file jointly a compulsory declaration of use.
But if your registration is based on an approved designation of Mexico based on an international registration (Madrid System), you may file a petition (WIPO) for the international registration’s renewal, after which an official notice shall by published by the Mexican IMPI, granting the interested party a 2-month term for filing a Declaration of Use regarding the Mexican designation, before the Mexican IMPI.
It is very important to highlight that upon filing a petition before WIPO for the international registration’s renewal, a related official notice shall be issued by the Mexican IMPI, whereupon the Mexican IMPI will publish said official notice soon thereafter.
However, this official notice will not be served to the international registration and Mexican designation holder, but it will only be published in the IMPI trademark gazette and on its official trademark database, and therefore, it is very important to rely on the services of a local trademark agent in Mexico to monitor for the publication of this official notice, and for filing a Declaration of Use for the Mexican designation of the international registration.
Therefore:
1.- There is no need to have used or to file any evidence at all, to be entitled to file a renewal with the jointly declaration of use to keep a Mexican trademark alive.
2.- Current rulings and official forms are very clear that there is no need to state or attach any evidence of use neither for renewal, nor for declarations of use.
3.- The only procedure in which a trademark titleholder is obliged to file real and proper evidence of use, is if a non-use cancellation litigation action is filed against him by a Third Party with proper legal standing.
Hope we could be of service to clear out any doubt that you might have regarding this topic.