Registering a trademark is only the first step in protecting your brand. Many business owners are unaware that maintaining a trademark under Mexican law requires filing a Declaration of Use with the Mexican Institute of Industrial Property (IMPI) every three years. Failing to do so can leave your trademark vulnerable to cancellation by third parties. To keep your trademark secure, it’s essential to understand the rules and take timely action. Here’s everything you need to know about Declarations of Use.

Key Facts About Declarations of Use

• Timing: Declarations of Use are due within three months after the third anniversary of your trademark registration—and every three years thereafter. Missing this critical deadline can have serious consequences for your trademark rights.
• Purpose: The Declaration of Use is designed to prove that your trademark is actively being used in commerce. This can include evidence such as product labels, invoices, advertisements, or other materials that demonstrate the mark is associated with the goods or services for which it was registered.
• Consequences of Non-Filing: Failing to file a Declaration of Use allows third parties to petition for the cancellation of your trademark on the grounds of "non-use." If your trademark is canceled, you lose the legal protections it provides, exposing your brand to potential misuse or imitation.

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How to File

Filing a Declaration of Use is a straightforward process, but it requires attention to detail to ensure compliance.

Gather Evidence

Compile documentation that proves your trademark is being actively used in commerce. Examples include:

• Sales receipts or invoices with your trademark displayed.
• Product packaging or labels featuring your trademark.
• Marketing materials, such as advertisements, brochures, or social media posts.
• Screenshots of your website or e-commerce pages showing your trademark in use.

Submit to IMPI

File your Declaration of Use electronically through IMPI’s online platform or through a legal representative who can manage the process on your behalf.

Monitor Deadlines

Keep track of your filing deadlines to avoid accidentally missing your window. The Declaration of Use is due every three years after your registration anniversary, and missing the deadline forfeits your rights.

Pro Tip: If you’re not actively using your trademark, consider licensing it to another party. Licensing allows you to maintain your trademark’s validity by demonstrating its use in commerce, even if you’re not directly using it yourself.