In Mexico, receiving your trademark registration certificate is not the end of the process. What actually determines whether your trademark survives is the Use Declaration you must file by the third anniversary of registration. Failure to file this declaration automatically results in cancellation.
1. What Is the Mexico Trademark Use Declaration?
Under the Mexican Industrial Property Law, every registered trademark must have a use declaration filed within three months before the third anniversary of the registration date. This requirement applies regardless of whether the mark has been renewed.
2. What Happens If You Miss the Deadline?
If you do not file the use declaration within the required period, IMPI will automatically cancel your trademark registration. There is no grace period or restoration option. This is a common pitfall for foreign applicants who assume registration means permanent protection.
3. What Counts as Valid Use?
Valid use includes: actual sale of products bearing the trademark in the Mexican market, advertising of the trademark in Mexico, and use on packaging, labels, or commercial documents. Evidence can include invoices, shipping documents, advertising materials, and website screenshots.
4. Summary
Mexico trademark registration requires a use declaration by the 3rd anniversary. Missing this deadline automatically cancels your registration. Mark your calendar and prepare use evidence well in advance — this is the #1 reason foreign trademarks lose protection in Mexico.