Trademarks

Declaration of actual use

The declaration of use in Mexico falls within three months of the third anniversary of the grant. Miss it and the registration lapses by law. We track the date.

Miss it and the registration is simply gone

Within the three months following the third anniversary of the grant, the owner of a Mexican trademark must declare its real and effective use, stating the specific goods or services it is applied to and paying the corresponding fee (article 233 of the Mexican Industrial Property Law).

If nothing is filed, the registration lapses by operation of law. No notice is sent, no decision is issued, and no declaration from IMPI is required. It is the cheapest way to lose a mark that took years and real money to build.

The part almost nobody is told

Protection continues only for the goods or services on which use was declared. A registration covering twenty items where use is declared on three survives as a registration for three. The rest falls away, silently, and competitors are free to move in.

So the declaration is not a form to tick. It is a decision about scope, and it should be prepared with evidence that matches what you actually sell.

How we handle it

We also run this check in the other direction: when a prior registration blocks a client, the first thing we look at is whether its owner ever declared use. A surprising number have not, and the obstacle is not an obstacle at all.

How we work on this

Who it is for

Foreign companies entering the Mexican market, Mexican businesses expanding abroad, and foreign law firms that need local counsel in Mexico.

Fees

Trademark work is quoted as a flat fee per mark and per class, with official IMPI fees included · plus 16% VAT. Other matters are quoted per file after an initial review, which is free.

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Other services


Trademarks

Trademark registration (IMPI)

Trademark registration in Mexico before IMPI, from the search to the certificate. Correct Nice classification, USD 500 per class, official fees included.

Trademarks

International trademark registration

Your mark is only protected where it is registered. We coordinate Madrid Protocol designations and direct national filings from your Mexican base.

Trademarks

Trademark renewal

A registration lasts ten years and then it must be renewed or it lapses. We file within the statutory window and remind you well in advance.

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Declaration of actual use

USD $300.00

Secure payment by card, PayPal or bank transfer. We confirm by email and start the filing.

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Start with a free availability search. No commitment.

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Find out if your trademark can be registered

Four out of every ten marks that reach us cannot be registered as they stand. Send us the name and we come back with a straight answer on whether it has an obvious problem. No cost, no commitment. Need the full analysis, signed and in writing? That is the registrability opinion: USD 49 per mark and class plus 16% VAT, credited against your fees if you then file with us.

The free search is a preliminary, indicative review, not a registrability opinion: it is given without a likelihood-of-confusion analysis, without a signed document, and it creates no professional relationship. See the terms and conditions.

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Instructing us from abroad? If you are an IP firm or agent looking for a Mexican associate, see our associate services for foreign counsel.