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May
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2023
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The Declaration of Use
Your mark between life and death. A simple procedure but so lethal that if you don't file it in a timely manner, your trademark registration will be canceled immediately.
It is well known that a trademark registration has a Valid for 10 years, which are renewable for periods of the same duration, as often as necessary. However, what many people are unaware of is that a procedure must be carried out before the age of 10 for the trademark to remain valid. As simple as warning that, if this procedure is not carried out, the trademark registration is canceled and loses its validity immediately.
We refer to the procedure called “Statement of Use”. The declaration of use is based on article 233 of the Federal Industrial Property Protection Act, which reads as follows:
Article 233.- ... The owner of a trademark must declare their real and effective use, indicating the specific products or services to which it applies, accompanied by the payment of the corresponding fee. The declaration shall be submitted to the Institute for the following three months, counting from the third year after the registration has been granted. The scope of registration protection will continue only in those products or services for which the use has been declared. If the owner does not declare the use, the registration will expire in full right, without a declaration being required by the Institute.
In this way, it is a procedure that is carried out before the IMPI and must be submitted within a deadline of three months counting from the third anniversary of the granting of trademark registration.
This Statement of Use serves to demonstrate to the IMPI that, in fact, you are still using your brand and have not abandoned them. It is important that you do it in a timely manner, otherwise your trademark registration will expire fully fledged and you will no longer have protection.
This is not required for all brands, but only for those registered after August 10, 2018. If you are in this situation and do not know how to make your statement of use, or if you simply want to know when to do it, you can contact us by WhatsApp or email and we will be happy to help you.
If you need help, contact us by clicking here.
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