Trademark Declarations of Use in Mexico

Unlike many jurisdictions, Mexico requires trademark owners to file a Declaration of Use after registration. Failure to do so is not merely a procedural omission—the registration expires automatically by operation of law, without the need for any action by the Mexican Trademark Office (IMPI).

The declaration must be filed within the three-month period following the third anniversary of the registration date. At the time of filing, the owner must declare that the mark is in genuine use in Mexico for the goods and/or services on which the registration is based.

This requirement also applies to International Registrations designating Mexico under the Madrid System. Since many foreign trademark owners do not appoint a local representative, these deadlines are often overlooked, resulting in the irreversible loss of valuable trademark rights.

Missing the deadline cannot be remedied through a late filing. Once the registration lapses, the only available option is generally to file a new trademark application, potentially exposing the owner to intervening third-party rights.

At Virtuo Law Studio, we help international trademark owners monitor critical deadlines, prepare and file Declarations of Use before IMPI, and ensure their trademark portfolios remain fully enforceable in Mexico.