Mexico’s Declaration of Use: The 2025 Guide to protecting your trademark from expiration

/ General, Intellectual property / By

Your registered trademark is one of your most valuable business assets in Mexico. But what if you could lose it due to a single, missed paperwork filing that you’ve never heard of? Since a critical 2018 legal reform, the Mexican Institute of Industrial Property (IMPI) mandates a Declaration of Use (Declaración de Uso), a non-negotiable requirement with severe consequences for non-compliance. Unlike the initial registration or 10-year renewal, IMPI does not send reminders. At Lorad Law, our intellectual property attorneys help clients navigate this process daily. This definitive guide provides everything you need to know in 2025 to ensure your trademark rights remain fully protected.

What is the IMPI Declaration of Use? (And Why It Became Law)

The Declaration of Use is a formal statement and evidence submission you must file with IMPI to confirm your trademark is actively being used in commerce in Mexico for the goods and services it covers.

  • The Legal Background: This requirement was introduced to combat “trademark squatting” – the practice of registering brands with no intent to use them, solely to sell them back to legitimate businesses at inflated prices. The law effectively cleans up the registry by removing dormant trademarks, freeing up names for businesses that are actually operating.
  • It’s Separate from Renewal: Crucially, this is a one-time filing due after the 3rd anniversary of your registration. It is entirely separate from the mandatory 10-year renewal cycle. You must do both to maintain your rights.

Who must file the Declaration of Use? (Are You at Risk?)

The rule is straightforward but absolute:

  • Your Registration Date is Key: The requirement applies to all trademarks granted registration on or after August 10, 2018.
  • Multi-Class Applications: If your trademark registration covers multiple classes (e.g., Class 25 for clothing and Class 35 for retail services), you must prove use for each class. Failure to provide evidence for a specific class will result in the cancellation of your trademark rights for those goods/services only.
  • Exemptions: Trademarks registered before August 10, 2018, are generally exempt from this first Declaration of Use. However, once they are renewed after that date, the new registration certificate will be subject to the 3-year rule.

Critical 2025 deadlines: When to file your declaration

Timing is everything. Missing this window is fatal to your trademark.

  • The Calculation: The declaration must be filed within a strict three-month window that begins on the day after the third anniversary of your trademark’s registration grant date.
  • Real-World Example:
    • Trademark Registration Grant Date: June 1, 2022
    • 3rd Anniversary: June 1, 2025
    • Filing Window Opens: June 2, 2025
    • Filing Window Closes: September 2, 2025 (Note: If the deadline falls on a weekend or holiday, it moves to the next business day).
  • How to Find Your Date: Your IMPI-issued registration certificate clearly states the “Fecha de Publicación” (Publication Date) and “Fecha de Expedición” (Issue Date), which are used for this calculation. We can help you verify this.

The severe consequences of Not Filing (Beyond losing your mark)

Failure to file the declaration, or filing an incomplete one, leads to automatic administrative cancellation. The ramifications are severe:

  • Immediate Expiration: IMPI will declare your trademark expired for the classes where use was not proven.
  • The Brand Becomes Free: The trademark immediately becomes available for any third party to register. You cannot re-register it yourself if someone else applies first.
  • Business Catastrophe: This can lead to:
    • Loss of exclusive brand identity in the Mexican market.
    • Costly legal battles against infringers without a registration to back you up.
    • Breach of franchise, licensing, or distribution agreements that require a valid trademark.
    • Wasted investment in marketing, packaging, and product development under a now-unprotected name.

What constitutes Valid Proof of Use in Mexico?

This is where many applicants fail. IMPI can be strict in its assessment. The evidence must be real, commercial, and public-facing.

  • Acceptable Evidence Includes:
    • Invoices & Sales Receipts: The gold standard. They must be dated within the three years prior to the filing deadline, show the trademark clearly, and correspond to the goods/services listed. They should be made out to Mexican clients.
    • Advertising & Marketing Materials: Brochures, magazine ads, online banners, and social media posts (showing URL and date) targeted at the Mexican market.
    • Digital Presence: Screenshots of your active Mexican website (.mx) or a dedicated section of your international site showing the trademark and offering services/sales in Mexico.
    • Packaging & Labels: Photos of products bearing the trademark being sold in Mexican stores.
    • Other Evidence: Catalogs, menus, business cards, and sworn statements.
  • Common Reasons for Rejection:
    • Evidence is from outside the relevant 3-year period.
    • The trademark isn’t visible.
    • The goods/services on the invoice don’t match the class description.
    • Evidence is from before the registration date (proving use in application is different).
    • Materials are only in a foreign language without Spanish context.

A lawyer’s checklist for a successful Declaration of Use Filing

Navigating IMPI’s requirements can be complex, and the smallest oversight can put your trademark at risk. At Lorad Law, we have a meticulous process to ensure our clients’ filings are completed flawlessly. Based on our experience, here is the essential checklist we use to guarantee a successful Declaration of Use submission:

Step 1: Locate Your Registration Certificate

Find your official IMPI-issued certificate and confirm the exact grant date. This is the date your three-year countdown begins.

Step 2: Mark Your Calendar

Calculate your strict three-month filing window that begins the day after the third anniversary of your registration. Set multiple reminders well in advance of this deadline.

Step 3: Conduct a Use Audit

Review all classes in your registration. Are you actively using the trademark for all the goods or services listed? If not, strategize which classes are essential to maintain and which you may allow to lapse.

Step 4: Gather Robust Evidence

Collect 2-3 strong pieces of commercial evidence per class you are claiming. Focus on invoices, receipts, and advertisements that are dated within the three years prior to your filing deadline and clearly show the trademark in use in Mexico.

Step 5: Translate & Notarize

If your evidence is primarily in English or another language, you will likely need to prepare certified Spanish translations for your submission to IMPI.

Step 6: Prepare for E-Filing

The process is mandatory online through IMPI’s portal. Ensure you or your legal representative has a valid digital signature (FIEL) ready for the submission process.

Step 7: Pay the Official Fee

The government filing fee must be paid electronically through the IMPI platform during the application process.

Step 8: File and Archive

Submit the complete declaration within your deadline. Once confirmed, keep a complete copy of the submission receipt, all filed evidence, and proof of payment for your permanent records.

Let Lorad Law handle the checklist for you

Why risk the manual complexity? Our team manages this entire process for you—from auditing your classes and gathering evidence to filing with our secure digital signature. Ensure peace of mind and protect your asset. Contact Lorad Law today for a confidential consultation on your trademark needs.

FAQs: Mexico’s Declaration of Use for expats and foreign investors

  1. I live abroad and haven’t actively sold in Mexico yet. Does my “intent to use” count for the Declaration of Use?

    No, it does not. This is a critical distinction. The Mexican Industrial Property Law requires actual and effective use of the trademark in Mexican territory. Plans, business proposals, or a website that isn’t targeted to the Mexican market are insufficient.
    You must demonstrate real commercial activity, such as sales invoices from Mexican clients, shipping documents showing goods entering Mexico, or active marketing campaigns directed at a Mexican audience.
    If you haven’t started using the mark, you risk losing the registration.

  2. My business invoices are in English. Is that acceptable as proof for IMPI?

    Not by itself. While IMPI may accept evidence in other languages, officials primarily work in Spanish. Submitting documents in English significantly increases the risk of rejection, as the examiner may not understand them. 
    Best practice is to provide a certified Spanish translation of your key evidence, such as invoices or contracts, alongside the original documents. This removes any ambiguity and ensures compliance.

  3. I registered my trademark under my personal name but now have a Mexican company. Who should file the Declaration of Use?

    This is a common expat scenario. The declaration must be filed by the current owner of the trademark rights. If the trademark is still officially registered in your personal name, then you (the individual) are the one who must file.
    If you have formally transferred the trademark to your Mexican company through an assignment recorded with IMPI, then the company becomes the owner and is responsible for filing.
    It’s essential to ensure IMPI’s records are up-to-date with the correct owner information before filing.

  4. What happens if I miss the 3-month deadline? Is there a grace period?

    There is no official grace period. This is the most dangerous aspect of the requirement. If you miss the strict 3-month window after the third anniversary, the consequences are severe and automatic: IMPI will declare your trademark expired.
    The registration is cancelled, and the brand name immediately becomes available for anyone else to register.
    The only recourse is to start the entire, costly registration process from scratch—if the name hasn’t been taken by someone else already.

  5. As an expat, my biggest fear is missing a letter from IMPI. How will I know if there’s a problem with my filing?

    This is a very valid concern, and it highlights a key advantage of hiring local counsel. IMPI typically does not send physical mail internationally. All official notifications are published electronically in the Mexican Industrial Property Gazette (Gaceta de la Propiedad Industrial). It is the responsibility of the trademark owner (or their appointed Mexican lawyer) to monitor these publications.
    This is why many expats appoint a power of attorney for their trademark matters.
    A local law firm like Lorad Law acts as your official representative, receives electronic notifications directly, monitors the gazette for you, and ensures you never miss a critical deadline or official communication.