The Declaration of Use: Mexico’s 3-Year Rule That Can Cancel Your Trademark

Mexico’s trade mark system has a requirement that catches many foreign brand owners off guard: the Declaration of Use. Introduced by the 2018 reform and consolidated in the Federal Law for the Protection of Industrial Property (LFPPI), this mandatory filing requires trade mark owners to declare that their mark is in actual and effective use in Mexico — or face automatic cancellation. There is no grace period, no reminder from IMPI, and no way to reinstate a cancelled registration. Understanding this requirement is essential for any business holding or planning trade mark rights in Mexico.

What Is the Declaration of Use?

The Declaration of Use (“Declaración de Uso”) is a formal filing submitted to the Mexican Institute of Industrial Property (IMPI) confirming that a registered trade mark is being used in commerce in Mexico for the goods or services it covers. It is not the same as the standard 10-year renewal — it is a separate, additional obligation that must be met independently.

The requirement was introduced to clear the register of “deadwood” — marks that were registered but never used, or were registered speculatively to block competitors. This was a particular problem in industries such as pharmaceuticals, where companies routinely registered multiple candidate marks and abandoned most of them after regulatory approval was obtained for just one.

When Must It Be Filed?

The Declaration of Use must be filed at two specific points in the life of a trade mark registration:

• Three years after registration: Within a strict three-month window beginning on the day after the third anniversary of the grant date. This is a one-time filing.
• At each renewal: A declaration of use must accompany each 10-year renewal application.

The critical date for the three-year declaration is the grant date (the date IMPI issued the registration), not the filing date of the application. The three-month window is calculated from the day after the third anniversary of that grant date.

Which Registrations Are Affected?

The requirement applies to all trade mark registrations granted on or after August 10, 2018. Registrations granted before that date are generally exempt from the three-year declaration — however, once they are renewed after August 10, 2018, the new registration term becomes subject to the requirement.

The rule also applies to national designations derived from international registrations under the Madrid System, creating particular complications for foreign trade mark owners (discussed below).

What Evidence Is Required?

This is where Mexico’s system is more forgiving than many expect. The Declaration of Use requires the applicant to specify the classes and goods or services for which the mark is being used. However, at the time of filing, no supporting evidence — such as invoices, photographs, or advertising materials — needs to be submitted.

The filing is essentially a formal statement on the official IMPI form, accompanied by payment of the government fee (per class). That said, IMPI reserves the right to request evidence later for verification. Trade mark owners should therefore maintain records of use in Mexico, including sales invoices, product packaging, advertising, and website screenshots, in case IMPI requires them.

What Happens If You Miss the Deadline?

The consequences of missing the three-year declaration deadline are severe and irreversible:

• IMPI will declare the trade mark registration automatically expired.
• The cancellation covers the goods or services for which use was not declared.
• There is no grace period and no possibility of reinstatement.
• The mark immediately becomes available for third parties to register.
• The only option is to file a completely new application — if the mark has not already been taken.

This is one of the harshest consequences in any major trade mark jurisdiction. Unlike many countries that allow late filings with surcharges, Mexico offers no safety net.

The Madrid System Trap

International registrations designating Mexico face a particularly dangerous trap. The three-year declaration must be filed based on the date IMPI actually granted the national designation — but this date may differ from the date shown on the notification that IMPI sends to the International Bureau (WIPO). The notification typically shows the date the document was prepared, not the actual registration date.

Foreign trade mark owners who calculate their deadline from the wrong date risk missing the window entirely. Making matters worse, IMPI does not send reminders, and all official notices are published only in the Mexican Industrial Property Gazette — in Spanish, and not forwarded to WIPO.

For renewals of international registrations filed directly through WIPO, the situation is equally problematic. The WIPO renewal form contains no section for Mexico’s declaration of use. Under Article 237 of the LFPPI, if the declaration is not filed alongside the renewal, IMPI will issue an official action granting a non-extendable two-month term to comply. But this official action is published only in the Mexican Gazette and is not communicated to WIPO or the trade mark owner abroad.

Strategic Recommendations

• Appoint a local representative: The single most important step for foreign trade mark owners. A Mexican attorney can monitor the Gazette, track deadlines, and ensure timely filing.
• Calendar the grant date immediately: As soon as IMPI grants the registration, calculate the three-year anniversary and set the three-month filing window in your docketing system.
• Audit your portfolio: If you hold multiple Mexican registrations or Madrid designations, conduct an immediate audit to identify any approaching deadlines.
• Maintain evidence of use: Even though evidence is not required at filing, keep organised records of commercial use in Mexico in case IMPI requests verification.
• Do not confuse the declaration with renewal: The two are separate obligations with different deadlines. Filing a renewal does not satisfy the three-year declaration, and vice versa.

Common Mistakes

• Relying on IMPI to send a reminder: IMPI does not send reminders for the three-year declaration. The obligation is entirely on the trade mark owner.
• Calculating from the wrong date: Use the actual grant date, not the filing date or the date of the WIPO notification.
• Assuming pre-2018 registrations are permanently exempt: They become subject to the requirement upon renewal.
• Ignoring Madrid designations: International registrations designating Mexico are fully subject to this requirement, with additional procedural traps.
• Filing for all classes without checking actual use: Declare use only for goods or services actually being used in Mexico. Declaring use for goods not in use could create vulnerability if later challenged.

Key Takeaway

The Declaration of Use is one of the most consequential administrative requirements in Mexico’s trade mark system. Missing the strict three-month window results in automatic, irreversible cancellation — no exceptions, no grace period, no reinstatement. For foreign brand owners, the combination of unfamiliar deadlines, Madrid System complications, and the absence of IMPI reminders makes this a high-risk obligation. Appointing local counsel and maintaining rigorous deadline monitoring are not optional luxuries — they are essential safeguards.