| 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 non-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 lapsing 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.
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If
the titleholder of a trademark registration is not the same
as the person who uses the mark, such a 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 the mentioned period of three years.
When the registration
of a trademark is renewed every ten years, its titleholder 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. Such a declaration
is included (printed) in the renewal application papers.
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