Trademark Declaration of Use in Mexico: Strategic Guide & Action Plan


Intellectual Property in Latin America | Mexico

Trademark Declaration of Actual and Effective Use in Mexico: Strategic Guide & Action Plan

An analysis of the legal framework under the LFPPI, statutory expiration consequences, and legal remedies to recover intangible assets.

Mexican Day of the Dead Trademark Expiration Concept Illustration

Festive Day of the Dead illustration depicting an expired registered trademark (®) being received into the public domain following a missed statutory declaration deadline.

The Mexican trademark regime underwent a key structural transformation with the 2018 reform to the former Industrial Property Law (LPI), which was later ratified and consolidated under the current Federal Law for the Protection of Industrial Property (LFPPI), effective since November 5, 2020. One of the most substantive requirements for trademark owners in Mexico is the mandatory filing of a Declaration of Actual and Effective Use before the Mexican Institute of Industrial Property (IMPI).

1. Statutory Deadlines: When Must the Declaration of Use Be Filed?

Under Article 233 and applicable transitional provisions of the LFPPI, Mexican law imposes two strict, non-extendable procedural moments to declare the actual and effective commercial use of a registered trademark:

  • 3-Year Triennial Declaration: Must be filed within 3 calendar months immediately following the third anniversary of the trademark registration grant date.
  • 10-Year Decennial Declaration: Must accompany the formal application for trademark registration renewal every 10 years.

2. Statutory Expiration (Caducidad de Pleno Derecho)

Critical Note for General Counsel & In-House IP Teams: Missing the 3-month grace period triggers the statutory expiration by operation of law (caducidad de pleno derecho) of the trademark registration. IMPI is not required to issue prior notice, and Mexican law provides no right of reinstatement or late extensions once the deadline lapses.

3. Remedial Action Plan: What to Do if the Deadline Lapsed?

Scenario A: Public Domain Available

If no third party has filed an identical mark, run clearance searches on MARCANET/SIGA, submit a new application (de novo), and formally claim the original date of first commercial use in Mexico.

Scenario B: Third-Party Squatting

If a third party filed during the interim, initiate formal Opposition or Administrative Nullity proceedings before IMPI by demonstrating senior good-faith commercial use in Mexico.