Obtaining a trademark registration does not close the file. Keeping it depends on using the sign in Mexico for the protected goods or services, filing declarations in the corresponding windows and renewing every ten years. The dates change depending on when the registration was granted, and declaring categories that are not used can reduce the strength of the portfolio. A centralized calendar makes it possible to anticipate commercial decisions and filings before the IMPI. It is informational material and does not constitute legal advice.
The declaration at three years
Registrations granted on or after August 10, 2018 must file a declaration of actual and effective use upon reaching three years, within the following three months. The declaration identifies the goods or services for which the trademark is used; protection continues only with respect to what is declared under the law. If it is not filed in time, the registration lapses by operation of law, without the need for a declaration by the Institute. The portfolio must distinguish the filing date, the grant date and the applicable regime, because not all registrations follow the same intermediate obligation. Before declaring, it is advisable to confirm that the use corresponds to the registered sign, to the owner or authorized user and to the goods or services actually marketed.
Renew with accurate information
The registration is valid for ten years and may be renewed for equal periods. The application is filed during the six months before expiry; the Institute also processes applications filed within the six months afterward. The renewal incorporates a declaration of actual and effective use that specifies the goods or services in use. The entire original list must not be automatically repeated if the commercial reality changed. If the use declaration is omitted when applying for renewal, the IMPI will require the omission to be cured within two months; if it is not addressed, the registration will lapse by operation of law. Since the reform of April 3, 2026, the Institute must decide the renewal within a maximum of three months counted from the application or, where applicable, from when the omission is cured or the deadline of the last request issued expires. Alerts must leave time to decide what to keep and to correct ownership, address or representation.
Use, evidence and portfolio
Although the declaration is filed under oath, the company must keep dated evidence linked to Mexico: invoices, packaging, catalogs, advertising, screenshots, contracts and distribution records, depending on the business. Lack of use for three consecutive years can expose the registration to total or partial lapse, except for justified circumstances provided for by law. Relevant licenses and transfers must be documented and, where appropriate, registered to maintain registry consistency. An annual review must compare registrations, actual use, classes, trade names, domains and launch plans. It is also advisable to monitor third-party applications. The goal is not to accumulate registrations, but to keep a portfolio aligned with real products, territories and owners.
Key points
- Recent registrations may require a use declaration three years after the grant.
- Renewal has windows before and after expiry, with its own requirements.
- Declarations must reflect only goods or services with actual and effective use.
- Commercial evidence and registry information must be kept consistent.
What to review
- Classify each registration by regime, grant date and next expiry.
- Gather evidence of use in Mexico by trademark, class, product or service.
- Set up alerts for declaration, renewal, requests and changes of ownership.