As you may be aware, all trademarks registered in Mexico on and after August 10, 2018, are subject to the obligation of filing a Declaration of Use, once each registration reaches its 3-year term, starting from its granting date.
This obligation applies to registrations based on approved, locally filed applications, as well as to registrations granted to designations in Mexico based on international registrations (under the Madrid System).
Starting from the date of each registration’s granting date (granted by the Mexican IMPI), Mexico trademark law grants a 3-month term to file a Declaration of Use.
Some important concerns:
1.- In Mexican IP law, although the literal meaning of “declarations of use” (or three-year use statement) should mean the obligation of a trademark titleholder to use it , there is no need to it.
There is no need to have used or to file any evidence at all, to be entitled to file a “three-year statement” (or declaration of use) and keeping a Mexican trademark alive.
2.- Inasmuch a three-year use statement (or “declaration of use”) is filed (without the obligation of attaching or stating any evidence), the trademark registration will continue alive until its 10-year renewal.
3.- Current rulings and official forms for three-year use statements are very clear that there is no need to state or attach any evidence of use.
4.- There is no legal consequence (other than keeping the registration alive) if a three-year use statement is filed and said mark is not being used in real life.
5.- 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 may be of service to clear out any doubts that you might have on our daily IP practice.
FAQs: Three Year Declarations of Use for Trademarks in Mexico
Under Mexico’s Industrial Property Law (effective November 5, 2020), trademark owners must submit a Declaration of Use within three months following the third anniversary of their trademark registration. Failure to file within this period will result in the automatic cancellation of the trademark. This requirement helps ensure that only actively used trademarks remain in force.
All trademark owners in Mexico with registrations granted on or after August 10, 2018 must file a Declaration of Use, including trademarks obtained through international designations under the Madrid System. This filing is mandatory to keep the trademark active and avoid automatic cancellation.
The deadline to file the Declaration of Use is within the three-month window that begins on the third anniversary of the IMPI grant date—not the filing date. This period is strict, and no extensions are available. Missing the deadline results in automatic cancellation of the trademark.
If a trademark is cancelled for failing to file the Declaration of Use, the only option is to file a new trademark application. The cancelled registration cannot be reinstated, and there is no grace period to recover it. Acting quickly and with the asistance of local trademark attorneys in Mexico is crucial is important to avoid losing rights to the mark.
IMPI requires a formal Declaration of Use that specifies the trademark classes being used and the related goods or services. However, apart from the IMPI official format and a signed Power of Attorney (only for new trademark attorneys of record), no supporting documents—such as invoices or website screenshots—need to be submitted at the time of filing. That said, it’s wise to keep evidence on hand in case IMPI requests it later for verification.
Yes. When filing your 10‑year renewal, you must also submit a new Declaration of Use confirming which subclasses are actively in use. This ensures that the renewal only covers the goods and services that are still being used in connection with the trademark.
The filing process for a Declaration of Use involves completing the official IMPI form, clearly identifying the classes and specific goods or services that are in active use. A separate government fee applies for each class declared. Trademark owners located outside of Mexico must submit the filing through a licensed legal representative in Mexico to ensure compliance with IMPI requirements.