Trademark Declaration of Use before IMPI in Mexico: Deadlines, Costs, and Official Forms
Learn everything about trademark declaration fee, Trademark declaration of use, Trademark declaration of use IMPI, and the official IMPI declaration of use form. Understand the Declaration of use Mexico trademark, Trademark use requirement Mexico, important Trademark registration Mexico deadlines, and how to avoid Trademark cancellation IMPI.
The Trademark Declaration of Use is a legal requirement in Mexico to maintain rights over a registered trademark. The Mexican Institute of Industrial Property (IMPI) obliges trademark owners to file this declaration to prove that their brands are actively used in commerce and not left idle.
Failure to file on time leads to automatic cancellation of the trademark, even if the 10-year protection term has not yet expired.
Trademark cancellation IMPI
IMPI Declaration of Use vs. Renewal
The IMPI provides different official forms depending on the procedure:
| Procedure | IMPI Form Code | Official Name | Key Notes |
|---|---|---|---|
| Declaration of Use (3rd anniversary) | IMPI-00-014 | Declaration of Actual and Effective Use of Distinctive Signs | Must be filed in the third year after registration to prove real market use. Also listed in DOF as IMPI-01-019. |
| Renewal + Declaration of Use (every 10 years) | IMPI-00-002 | Renewal Request and Declaration of Actual Use of Distinctive Signs | Required when renewing a trademark every ten years. |
What Is a Trademark Declaration of Use?
It is a legal document where the trademark owner informs IMPI that their brand is in real and effective use in the Mexican market.
Example:
A trademark registered in 2022 must file its declaration of use in 2025 (third anniversary), regardless of the 10-year validity.
Without this filing, the trademark registration will expire.
When Did This Obligation Start?
The requirement to file a declaration of use before IMPI was introduced in 2018.
- Trademarks registered before 2018: not required to file at the third year, only at renewal every 10 years.
- Trademarks registered after August 2018: must file at the third year and with every renewal.
This change allows IMPI to:
- Eliminate inactive trademarks Trademark cancellation IMPI.
- Ensure real and effective use in commerce.
- Prevent “trademark hoarding” by companies or individuals.
Help with my Use Declaration
Trademark declaration of use Deadlines and Filing Periods
The timing is strictly regulated:
| Filing Moment | Timeframe | Consequence if not filed |
|---|---|---|
| 3rd anniversary of registration | Within 3 months after that date | Automatic cancellation |
| Renewal (every 10 years) | During the renewal window | Trademark is not renewed and is lost |
Grace period: Renewals allow an extra 6-month grace period with surcharge.
If you do not know your conception date, we recommend that IMPI Trademark Search.
IMPI Calculator · Use Declaration & Renewal
| Mark (optional) | Class (optional) | Reg. No. (optional) | Registration date | Use declaration | Renewal |
|---|
yyyy-mm-dd) and month names in English (e.g., 11/August/2022).
Counters show 0 on the exact opening or deadline day.
How to File the Declaration of Use before IMPI
Trademark owners can file in two ways:
- Online: Through the IMPI platform using e.firma.
- In person: Submitting the official IMPI declaration of use form at IMPI offices.
Requirements include:
- Owner information.
- Trademark registration number.
- Nice Class.
- Proof of payment of government fees.
Current cost: Approx. $1,143.48 MXN (government fee), but higher if handled by an attorney.
Proof of Actual Use
“Actual and effective use of distinctive signs” means the trademark must be truly used in the market.
Example:
If registered in Class 25 (clothing), the brand must appear in sales, advertising, or invoices related to clothing.
FAQs – Trademark declaration of use and Trademark registration Mexico deadlines
What happens if I don’t file?
The registration automatically expires, and rights are lost.
Can I recover a cancelled trademark?
No. You must file a new trademark application.
Is an attorney required?
Not mandatory, but many companies rely on IP law firms to avoid mistakes that could cause financial loss.
Conclusion
The IMPI Trademark Declaration of Use is essential for keeping a brand alive in Mexico. Knowing the exact filing deadlines, using the correct IMPI format, and ensuring proof of actual use can prevent cancellation and protect your intellectual property rights.