Many people think that once they receive their trademark certificate, the process is over. It isn't: at three years you have to file a declaration of real and effective use, and if you miss the deadline the trademark lapses without anyone telling you. It's the costliest mistake in trademark registration in Mexico, because something you already earned and paid for is lost through forgetfulness.
What the declaration of use is
It's a filing made with the IMPI (Mexico's trademark office) to confirm that the trademark is actually being used in the market, on the goods or services in the class where you registered it. The logic of the law is simple: registration gives you an exclusive right, and that right doesn't hold up if the trademark exists only on paper. With the declaration, you tell the Institute which goods or services you use it on and since when.
It applies to registrations granted on or after August 10, 2018, when the reform that made it mandatory took effect, and also to international designations with effect in Mexico.
The deadline: three months after the third year
The window opens when the third anniversary of the grant of the registration arrives and lasts three months. Not before, not after. Filing early doesn't count, and filing late doesn't either: there is no extension.
Here is the confusion that costs the most: the date that counts is the grant date, the one printed on the registration certificate, not the application date. Between the two, four to eight months usually pass. If you go by the date you filled out the form, you'll miscalculate the deadline.
| Filing | When | IMPI fee | If you don't do it |
|---|---|---|---|
| Declaration of use | 3 years after the grant, 3-month window | IMPI official fees | The trademark lapses |
| Renewal | At 10 years, with a 6-month grace period after | Separate renewal fee | The trademark lapses |
| Declaration of use at renewal | Together with the renewal | Included in the filing | The renewal is rejected |
What it costs
The IMPI's official fees are paid per registration and are separate from professional fees; confirm whether the quote from your firm or agency includes them. If you hold the trademark in three classes, that's three declarations and three payments. On top of that come professional fees if you delegate it: a firm or agency usually charges between $1,500 and $4,000 MXN per trademark, depending on whether they only file the document or also review the status of your whole portfolio.
Compared with registering the trademark again from scratch, it's cheap. Compared with losing the name you've been selling under for three years, it's negligible.
How to file it
- Find the grant date and the registration number on your registration certificate.
- Calculate the window: from the day of the third anniversary until three months later.
- Gather how you show use: the class and the specific goods or services where you use it, and since what date.
- Pay the current fee and keep the receipt.
- File the document through the IMPI's electronic services portal or at the counter, along with proof of payment.
- Keep the acknowledgment of receipt. It's your proof that you complied within the deadline.
One important point: the declaration covers the goods or services you really use the trademark on. If you registered a whole class and only use part of it, you declare that part, and the rest may be left unprotected. It's worth reviewing before you sign.
What happens if you missed the date
Lapse happens automatically: no notice, no fine, no way to reinstate the deadline. The trademark simply stops being in force and any third party can apply for it. The only way out is to file the registration again from scratch, at the risk that someone else got there first in the meantime or that a similar trademark has appeared that didn't exist before.
If you're in that situation, the first step is to confirm the real status in Marcanet (the IMPI's trademark search system) before assuming anything. We explain how in the guide to finding out whether a trademark is already registered.
How to never forget it again
- The same day you receive the certificate, set two reminders: one at 2 years and 10 months, another at exactly 3 years.
- Save the certificate in a folder with the registration number and grant date in the file name.
- If you have several trademarks, keep a sheet with the registration, class, grant date, declaration deadline and renewal date.
- Ignore any mailed correspondence with payment forms: the IMPI doesn't send those.
- Before renewing at ten years, check that the third-year declaration was filed. If it's missing, the renewal doesn't go through.
Renewal has its own rules and its own cost. We go over them in the guide to renewing a trademark with the IMPI.
At Elevalia
We handle your trademark registration from start to finish and let you know when the declaration of use and the renewal are approaching, so you don't lose through forgetfulness something you've already paid for. Learn more about our trademark registration service with the IMPI.