Use of Marks

If a trademark is not used during three consecutive years its registration may lapse. The declaration of cancellation of a trademark registration for lack of use is not automatic. It must be requested by interested party and follow an administrative proceeding at the Mexican Institute of Industrial Property.  

If a trademark is registered in different classes, the use of the mark in respect of a product or service in one class of goods or services will benefit all registrations.

To avoid the cancellation of the registration of a trademark this must be used within the period of three years following the registration date. On the contrary, it is recommended to file for and obtain a new registration.

If the holder of a trademark registration is not the same as the person who uses the mark, such use is not recognized as long as there is a written authorization or licence agreement, registered with the Mexican Institute of Industrial Property.

It is not necessary to prove the use of a trademark with the Mexican Institute of Industrial Property every three years. Actions of this nature have no legal effects, specially if the mark has not been used during said period of three years.

When the registration of a trademark is renewed every ten years, the holder must declare by writing and under oath to use the mark at least on one product or service it is registered for, and not having interrupted such use for a period of three years. That statement is part of the renewal application form.