While the new laws make numerous changes to Mexico’s intellectual property framework, the most substantial change is that a declaration of use must now be filed for all trademark registrations within three months of the third anniversary of the registration date. So, for example, if a trademark is registered on Jan. 1, 2021, a declaration of use must be filed before April 1, 2024. This new rule is applicable to all registrations granted after Aug. 10, 2018. A declaration of use must also be filed when a trademark owner seeks to renew its registration. If the trademark owner does not prove use of the mark in Mexico in the appropriate manner and timeframe, the owner will be considered to have waived and renounced its trademark.
Article 128.- The holder of a trademark must declare before the Institute, accompanying payment of the applicable tariff, the real and effective use of the mark. Such declaration is to be filed during the subsequent three months counted from the completion of the third year of the registration having been granted. If the holder fails to declare use, the registration will lapse by virtue of law.
Statements of Use: 1) statements of use for trademark registrations granted after Aug. 10, 2018, shall be filed within three months following the third anniversary of their registration date and at the time of renewal; 2)statements of use for trademark registrations granted before Aug. 10, 2018, shall be filed at the time of renewal; 3) the registration shall only continue to cover those products or services specified on the statement of use.