Maintaining a trademark registration in Mexico.
Owners must keep track and meet two essential deadlines to maintain their trademark registrations in Mexico: (1) the third-year declaration of use and (2) renewal and declarations of use.
Trademark owners must file a declaration of use before the Mexican Trademark Office within three months following the third anniversary of their registration. This three-month term is non-extendable.
The third-year declaration of use is mandatory for any trademark registration granted on or after August 10th, 2018.
Trademark owners must also file a renewal application and declaration of use before the Mexican Trademark Office. The term for renewing a trademark registration in Mexico is six months prior to the expiration date and up to six months after the expiration date.
Expiration date may vary from ten years after filing date to ten years after granting date depending on when the trademark registration was filed due to recent changes in Mexico’s trademark law.
Local representation is required for trademark holders residing abroad to request renewals or to file declarations of use, preferably by an experienced attorney.
Failure to file a declaration of use or request a renewal within each deadline will cause the registration to lapse automatically.
Trademark holders should bear in mind that the Mexican Trademark Office does not issue any official communication requiring a declaration of use or renewal.
Maintaining a trademark registration in Mexico, derived from an international registration (Madrid Protocol).
Owners of international trademark registrations designating Mexico must keep track and meet two essential deadlines to maintain their national registrations in Mexico: (1) the third-year declaration of use and (2) declarations of use following the renewal of the international registration.
Trademark owners must file a declaration of use before the Mexican Trademark Office within three months following the third anniversary of their national registration. This deadline is not affected by the international registration’s filing date or expiration date. This three-month term is non-extendable.
The third-year declaration of use is mandatory for any national trademark registration granted on or after August 10th, 2018.
Trademark owners must also file a declaration of use before the Mexican Trademark Office for each national registration, within three months after the date on which WIPO notifies the renewal of the international registration.
Owners should bear in mind that an international registration covering more than one international class will have a separate national registration for each international class.
Local representation is required for trademark holders residing abroad to file declarations of use, preferably by an experienced attorney.
Failure to file a declaration of use within its deadline will cause the national registration to lapse automatically.
It is recommended for foreign businesses and users of the Madrid System who designate Mexico in their international registrations to appointing a local representative to handle maintenance deadlines and report on any official communication issued regarding their registrations.
