The Declaration of Use

17

·

May

·

2023

//

Intellectual Property
Companies
Entrepreneurs

17

·

May

·

2023

Intellectual Property
Companies
Entrepreneurs

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.

Flavio Diego Ixtlahuac Rodriguez

Specialist in Intellectual Property

d.rodriguez@rmgsc.com

Go back

Share article:

It is well known that a trademark registration is valid for 10 years, which are renewable for periods of the same duration, as many times as necessary. However, what many people are unaware of is that a procedure must be performed before the age of 10 for the brand to remain in force. 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”.

Legal Basis and Deadline

The Declaration of Use is based on the Article 233 of the Federal Industrial Property Protection Act (LFPPI), which to the letter says:

Article 233.- ... The owner of a trademark must declare its actual and effective use, indicating the specific products or services to which it applies, accompanied by the payment of the corresponding fee. The statement will be submitted to the Institute within three months from the third year after the registration was 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 from the Institute.

In this way, it is a procedure that is performed before the IMPI and must be submitted within a deadline of three months from the third anniversary of the granting of trademark registration.

Consequences

This Statement of Use serves to demonstrate to the IMPI that, in fact, you are still using your brand and have not abandoned it. It is important that you do it in a timely manner, otherwise, your trademark registration It will expire in full right and you will no longer have protection.

This procedure 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 Declaration of Use, or if you simply want to know when it is your turn 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.

Share article:

The legal future
Digital has arrived

Buy the legal services and products you need online.

Go to the store
Digital content
useful and of quality

Do you want to keep up to date with everything we do? Follow us on all our social networks!

Give a like

Share article:

Wait... maybe this might interest you

For everyone

Entrepreneurs

Companies

How much annual income can a Simplified Limited Company (SAS) receive by 2024?

Year after year, the amount of annual income that a Simplified Limited Company (SAS) is allowed to receive is updated. Know the maximum amount for 2024.

How much annual income can a Simplified Limited Company (SAS) receive by 2024?

3

·

Jan

·

2024

For everyone

Entrepreneurs

companies

For everyone

Entrepreneurs

Companies

Functions and Responsibilities of the Commissioner in a Mexican Commercial Company

In this article, we will explore in detail the roles and responsibilities of a Commissioner in a Mexican commercial company. In the context of Mexican companies and commercial companies, the figure of the commissioner plays a fundamental role in supervising and controlling the financial and legal management of the entity. Its role is essential to ensure transparency and compliance with society's legal and fiscal obligations.

Functions and Responsibilities of the Commissioner in a Mexican Commercial Company

27

·

Sep

·

2023

For everyone

Entrepreneurs

companies

For everyone

Entrepreneurs

Companies

What is a trademark and why should you register it?

Registering your trademark is not an optional process, it's a legal need that protects the identity, investment and reputation of your business. In this article, we explain what a trademark is, why it's vital to register it and the risks of not doing so, as well as the keys to ensuring that it really belongs to you.

What is a trademark and why should you register it?

20

·

Jun

·

2025

For everyone

Entrepreneurs

companies

Volver

OK

The site of RMG Lawyers uses cookies to ensure the best experience for our users. By using our website, you automatically accept the use of such cookies.. For more information you can contact us by accessing Here.