What happens if I miss the deadline?

The registration lapses automatically. IMPI sends no reminder, there is no extension and it cannot be revived. The only route back is a fresh application, which competes with anything filed in the meantime.

What if I only use the mark on some of the goods?

You declare only the goods or services actually in use, and the registration is reduced accordingly. Declaring use that does not exist exposes the registration to a cancellation action.

Declaration of Actual Use before IMPI (Mexico)

Who this applies to

Every owner of a registered Mexican trademark. If your registration was granted roughly three years ago, this applies to you now.

Article 233 of the Federal Law for the Protection of Industrial Property requires the owner to declare that the mark is in real and effective use, within the three months following the third anniversary of the grant date.

What happens if you miss it

The registration lapses automatically. No prior notice, no reminder from IMPI.
There is no extension and no way to revive it.
The only route back is a new application, which competes with anything a third party filed in the meantime.
You lose your seniority and the basis to act against imitators.

What we do

We check the exact grant date and confirm whether the window is open.
We identify the goods or services genuinely in use, so the registration is not exposed to cancellation.
We file the declaration before IMPI and send you the official receipt.
We diarise the ten-year renewal for you.

Flat fee

USD 300.00

Per mark, per class. Official IMPI fees included. No later charges.

Not sure whether the deadline has passed? Write to us and we will check at no cost.

Frequently asked questions

When exactly is it filed?

Within the three months following the third anniversary of the grant date. A three-month window: not before, not after.

What if I only use the mark on some of the registered goods?

You declare only those genuinely in use, and the registration is reduced to them. Declaring use that does not exist leaves the registration open to a cancellation action.

What counts as real and effective use?

Genuine commercialisation in Mexico of the goods or services covered: invoices, packaging, advertising, point of sale. Token or isolated use is not enough.

Can you file it if another firm registered the mark?

Yes. We can file the declaration even if the registration was handled by someone else.

Free, no commitment

Find out if your trademark can be registered

Four out of every ten marks that reach us cannot be registered as they stand. We search the IMPI database and send you a written opinion before you spend anything on official fees.

Prefer to write? Message us on WhatsApp.

Your Mexican trademark lapses at three years without a declaration of use

Who this applies to

What happens if you miss it

What we do

Frequently asked questions

Find out if your trademark can be registered