Client Alert

Since the Amendment to the Industrial Property Law of May 18, 2018, the owners of registered trademarks in Mexico are required  make the Declaration of Use of Trademarks before the Mexican Institute of Industrial Property.

The Law establishes that the Declaration of Use must be submitted in two occasions:

I) During a period of three months, after the third year on which the registration was granted.

II) When requesting the renewal of the registration.

If the owner does not declare the use of the trademark at any of the mentioned occasions, the registration will expire.

At the moment, it is not necessary for the owner to file evidence proving the use of the trademark, regarding the products or services for which it was granted, however, it is advisable to save evidence that attests the use of the trademark, such as invoices, advertisements, publications, brochures, catalogues or any other marketing document.

The main purpose of incorporating the Declaration of Use into the Mexican Law is to promote the active use of registered trademarks and avoid monopoly over registrations that are not being used by their owners.

For any questions or additional information regarding the Declaration of Use of Trademarks in Mexico please contact us.

Contact

Mauricio Chozas
mchozas@cuestacampos.com

Lorena Pinto
lpinto@cuestacampos.com

www.cuestacampos.com

The above is provided as general information prepared by professionals with regard to the subject matter. This document only refers to the applicable law in Mexico. While every effort has been made to ensure accuracy, no responsibility can be accepted for errors or omissions. The information contained herein should not be relied on as legal, accounting or professional advice being rendered.