Declaration of True and Effective Use for Mexican Trademarks
Mexican trademarks registered after August 10, 2018
In view of the amendments to Mexican IP Law, which came into effect on August 10,
2018, all trademark Registrations granted after this date must now submit a Declaration of True and Effective Use three years after Registration is granted in order to maintain protection of the trademark. Please note that this applies to all Registrations granted after this date, as opposed to Registrations filed after this date
As per the same amendments, a Declaration of True and Effective Use must be included with all trademark renewal applications. The Declaration of true and effective use format is included within IMPI’s official renewal form.
For both cases, new registrations and renewals, the declaration of true and effective use form must be signed either by the trademark owner or the attorney on file on the owner’s behalf, and includes the trademark owner’s declaration that “the mark is in use within the Mexican territory on the following products/services…”. Also, the International Class number and all goods/services for which the mark is effectively being used must be declared. Please note that while goods may be limited (or eliminated), it is not possible to add goods to this list. Additional proof of use is not required unless requested by the IMPI.
Please contact us if you have any questions.