A Declaration of Use is a formal statement filed with the Mexican Institute of Industrial Property (IMPI) confirming that a registered trademark is actively being used in commerce. This declaration must be submitted within three years of the trademark registration date.
You need a Declaration of Use to maintain the validity of your trademark registration in Mexico. Failing to file this declaration can result in the cancellation of your trademark, potentially leading to the loss of exclusive rights to use the mark in the Mexican market. Filing this declaration ensures your trademark remains protected and enforceable, allowing you to continue benefiting from its legal protections.
Verify the Deadline: Ensure that you are within the three-year period from the date of your trademark registration to file the Declaration of Use.
Gather Documentation: Collect evidence that demonstrates the active use of your trademark in Mexico. This can include sales receipts, advertisements, or any other documentation proving the trademark's use in commerce.
Prepare the Declaration: Complete the Declaration of Use form, providing all required information about your trademark and its use.
Submit to IMPI: File the Declaration of Use with the Mexican Institute of Industrial Property (IMPI) either online through their portal or by visiting their offices.
Pay the Fees: Pay the applicable filing fees as required by IMPI.
Await Confirmation: After submission, IMPI will review your declaration and the supporting evidence. If everything is in order, they will confirm the acceptance of your Declaration of Use.
The process of filing and obtaining a Declaration of Use in Mexico typically takes around 2 to 3 months from the date of submission. This timeframe includes the review and verification of your submitted documents by the Mexican Institute of Industrial Property (IMPI). However, processing times can vary depending on the volume of applications and any additional information or clarification requests from IMPI.
Yes, BrLatina can assist you with the entire Declaration of Use process. Our expert team specializes in trademark services and can provide comprehensive support to ensure your declaration is filed accurately and on time. Here's how we can help:
Expert Consultation: Our experienced consultants will guide you through the requirements and deadlines specific to your trademark.
Document Preparation: We will help you gather and organize all necessary documentation to prove the active use of your trademark.
Form Completion: Our team will assist you in accurately completing the Declaration of Use form.
Submission: We will handle the filing process with the Mexican Institute of Industrial Property (IMPI) on your behalf.
Follow-Up: We will manage any additional requests or queries from IMPI, ensuring a smooth review process.
By choosing BrLatina, you can have peace of mind knowing that your Declaration of Use is in the hands of professionals dedicated to protecting your trademark rights.
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