The Declaration of Use

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.