Trademark Declaration of Use in Mexico

Menú HOME HOW IT WORKS ABOUT US WHY MEXICO INDUSTRIES SERVICES PLANS FAQ RESOURCES KNOWLEDGE CENTER BLOG CONTACT US CHINA DESK | 中国知识产权服务团队 Thursday, August 27, 2026 Your Trademark Is Registered—But Are You «Using» It Under Mexican Law? Here’s What You Need to Know You’ve successfully registered your trademark in Mexico. You completed the application, paid the fees to the Mexican Institute of Industrial Property (IMPI), and proudly received your registration certificate—whether it’s framed on your office wall or stored in a PDF somewhere on your computer. But here’s the part that many startup founders never hear about: registering your trademark isn’t the end of the process. It’s the beginning of an ongoing legal relationship with IMPI that lasts for the life of your trademark. And that relationship includes one requirement that’s surprisingly easy to overlook: the Declaration of Use. Fail to file it on time, and you could lose your trademark rights. It’s that simple—and that serious. Here’s what you need to know about what the Declaration of Use is, when you must file it, and how the rules differ for Mexican trademark registrations versus trademarks protected through the Madrid System. What Is the Declaration of Use, and Why Does IMPI Require It? Following Mexico’s 2018 trademark reform and the Federal Law for the Protection of Industrial Property (LFPPI), which entered into force in 2020, Mexico eliminated so-called «ghost trademarks»—registrations obtained only to block competitors or speculate on valuable brand names without ever being used in commerce. The principle is straightforward: If you own a registered trademark, the law expects you to actually use it in the Mexican marketplace. And you must formally confirm that use before IMPI. That’s what the Declaration of Use is. Failing to file it doesn’t result in a warning letter or an administrative fine. The consequence is much more severe: Your trademark registration is automatically cancelled. IMPI does not send a reminder, issue a preliminary notice, or initiate a separate cancellation proceeding. If you don’t file the declaration within the legal deadline, your trademark rights simply expire. The First Critical Deadline: Three Years This is one date every trademark owner should place on their calendar the day their registration is granted. You must file your first Declaration of Use within the three-month period immediately following the third anniversary of your trademark registration. The timing matters. You don’t have three years to submit it «whenever convenient.» You have a very specific three-month filing window after that third anniversary. Miss that window, and your trademark registration is automatically cancelled for every product and service it covers—without any further action by IMPI. For startup founders, this often happens for two reasons: Nobody informed them about the requirement. They intended to file it but became distracted by product launches, fundraising, hiring, or the countless priorities involved in building a company. That’s why it’s wise to establish automated reminders from day one. Every Ten Years, You’ll Need to Do It Again The Declaration of Use isn’t a one-time obligation. Every time you renew your trademark registration—which in Mexico occurs every ten years—you must again declare which goods and services are genuinely being used in the Mexican market. Here’s where many businesses encounter another hidden risk. Suppose your trademark was originally registered for five categories of goods or services, but today you only use it for three. If your renewal Declaration of Use lists only those three, the remaining two categories will be removed from your registration. You won’t lose the trademark itself. However, you’ll lose legal protection for any products or services you no longer declare as being in commercial use. For startups that have pivoted their business model, expanded into new markets, or changed their offerings, this is an excellent opportunity to review their overall trademark strategy—not just complete a routine filing. Registered Through the Madrid System? The Rules Are Slightly Different If your trademark protection in Mexico was obtained through the Madrid System, there are important differences to understand. Your international registration is administered by the World Intellectual Property Organization (WIPO) and renewed every ten years through WIPO. However, your Declaration of Use for Mexico must always be filed with IMPI—not with WIPO. The timing also differs.  Your first Declaration of Use must be filed within three months after the third anniversary of the date IMPI granted protection in Mexico, not the date WIPO issued your international registration. For subsequent renewals, the relevant deadline is calculated from the date IMPI records WIPO’s renewal notification in its own system—not from the date you renewed your international registration before WIPO. In practical terms, this means your international trademark registration can remain fully valid while your trademark protection in Mexico is lost simply because the local Declaration of Use wasn’t filed on time. National Trademark vs. International Trademark (Madrid System) Aspect National Trademark International Trademark (Madrid System) Who administers the registration? IMPI WIPO internationally; IMPI for protection in Mexico When is the first Declaration of Use due? Within three months after the third anniversary of registration Within three months after the third anniversary of IMPI’s grant of protection in Mexico When is renewal required? Every 10 years before IMPI, together with a Declaration of Use Every 10 years through WIPO, plus a Declaration of Use before IMPI based on IMPI’s record of WIPO’s renewal notification What happens if no Declaration of Use is filed? The trademark registration is automatically cancelled Trademark protection in Mexico is lost, even if the international registration remains valid elsewhere What happens to undeclared goods or services? They are removed from the registration They lose protection in Mexico, even if they remain covered internationally What Happens If You Don’t File the Declaration? There are no warning letters. No penalties. No final reminders. One day, your trademark simply ceases to be protected in Mexico. And because trademark rights in Mexico are generally granted on a first-to-file basis, another party may eventually register your brand name, logo, or product name. For a startup, losing a trademark is

International Trademark in Mexico: The Risk of Losing It Without a Local Representative

Menú HOME HOW IT WORKS ABOUT US WHY MEXICO INDUSTRIES SERVICES PLANS FAQ RESOURCES KNOWLEDGE CENTER BLOG CONTACT US CHINA DESK | 中国知识产权服务团队 Thursday, August 13, 2026 You Registered Your Trademark in Mexico Through the Madrid System… But Who Receives the Notifications? If you expanded your trademark protection to Mexico through the Madrid System, it’s easy to assume your work is done: you filed your international application, the World Intellectual Property Organization (WIPO) processed it, and that’s it. But there’s one critical detail that many trademark owners never hear about—and it can put your entire registration at risk. Once your trademark enters the Mexican national phase, the Mexican Institute of Industrial Property (IMPI) becomes the authority in charge—not WIPO. And if IMPI has no way to notify you directly, it simply won’t. Instead, it publishes notices in an official public gazette that very few trademark owners ever review. The legal deadlines begin to run, and your trademark rights may be lost without you ever realizing it. The Misunderstanding That Costs Many Trademark Owners Their Rights When you designate Mexico in your international trademark application, WIPO notifies IMPI—and its role essentially ends there. From that point forward, every matter concerning your trademark is handled under Mexican law by IMPI, which requires a legal address and, ideally, a local representative authorized to receive official notifications. If no representative has been appointed, the legal process doesn’t stop. IMPI still fulfills its notification obligations—but through a channel that most foreign trademark owners never monitor. How You May—or May Not—Find Out What’s Happening to Your Trademark Under Mexico’s Federal Law for the Protection of Industrial Property, IMPI must notify the trademark owner or their authorized legal representative of official actions affecting the application or registration. The problem arises when no representative has been appointed in Mexico: IMPI has no direct email address, mailing address, or local contact through which to notify you. The Institute then publishes the notice in the Industrial Property Gazette, an official public publication. That publication is considered a legally valid notification—even if you never see it. All legal deadlines begin to run from the publication date, regardless of whether you are aware of the notice. In other words, from a legal standpoint, you were notified. In practice, you may never know anything happened. What You Could Miss Without Realizing It These are some of the most common actions IMPI publishes in the Industrial Property Gazette when no local representative has been appointed: Office actions based on conflicts with previously registered trademarks Third-party oppositions filed during the publication period Requests to correct or supplement information in your application Notices regarding the deadline to file your Declaration of Use Decisions declaring your application abandoned or your registration finally refused Here’s the critical point: most of these deadlines are only two months long and generally cannot be extended. If no response is filed on time, you automatically lose your opportunity to defend your trademark—and, in many cases, the registration itself. Why Having a Legal Representative in Mexico Matters A local legal representative or correspondent is far more than an administrative formality. It is your direct line of communication with IMPI. When a representative is properly appointed: You have an official legal address in Mexico. Official notifications are delivered directly instead of relying on Gazette publications. Someone actively monitors your trademark file and legal deadlines. Office actions, oppositions, and official requirements can be answered within the applicable time limits. Your Declaration of Use can be filed on time without depending on discovering a Gazette publication by chance. Appointing a representative is straightforward. The trademark owner simply signs the appropriate power of attorney or authorization, allowing the representative to act before IMPI in connection with the Mexican national file. How a Trademark Can Be Lost Through a Simple Oversight Imagine you successfully obtain international trademark protection that extends to Mexico. Three years later, IMPI requires you to file your Declaration of Use. Because no local representative has been appointed, the notice is published only in the Industrial Property Gazette. Three months pass. Your trademark registration is automatically cancelled—not because you violated the law or failed to use the mark, but simply because you never learned that a filing was required. Later, when reviewing your international portfolio or renewing your Madrid registration, you discover that trademark protection in Mexico no longer exists. All of this can be avoided with one simple precaution: appointing a qualified representative in Mexico who receives official notifications and acts before the applicable deadlines expire. Final Thoughts Not appointing a legal representative in Mexico is far more than a minor administrative oversight—it leaves your trademark vulnerable at every stage of its lifecycle. IMPI fully complies with the law by publishing official notices in the Industrial Property Gazette. However, legal publication does not guarantee that foreign trademark owners will ever become aware of those notices. If your trademark is already protected in Mexico—or if Mexico has been designated in your Madrid System application—the most strategic decision is to secure local representation from day one, rather than allowing an unnoticed public notification to determine the future of one of your company’s most valuable assets. Do you need an IP representative in Mexico? CONTACT US Attorney-backed trademark filing services in Mexico for international clients. SERVICES Trademark Applications Office Actions Oppositions Litigation Renewals Portfolio Management INDUSTRIES Technology Automotive Consumer Products Fashion Cosmetics Food & Beverage Medical Devices Startups RESOURCES ↓ Blog FAQ Knowledge Center Trademark Guides COMPANY ↓ About Us Contact Privacy Policy