Don’t Lose Your Trademark! Here’s What You Need to Know in 2025

Did you know that registering your trademark isn’t the end of the journey — it’s just the beginning?

There’s a crucial step you must take to keep your rights protected: filing a Declaration of Use. If you skip it, you could lose your trademark, even if it’s already registered!

And the worst part? The Mexican Institute of Industrial Property (IMPI) doesn’t send you reminders. It’s 100% your responsibility to file — no exceptions.

What Is the Declaration of Use?

The Declaration of Use is an essential filing you must submit to Mexico’s Intellectual Property Office (IMPI) to confirm that you’re actively using the trademark you registered.

Since 2018, Mexico’s Industrial Property Law requires trademark owners to file this declaration three years after their trademark registration is granted — and as of 2025, this remains mandatory.

If you fail to do so, your trademark can automatically expire, leaving your brand vulnerable to competitors.

Important: Filing the Declaration of Use does not replace the standard 10-year trademark renewal. You must still renew your trademark separately every 10 years.

Who Needs to File?

You must submit a Declaration of Use if:

– Your trademark was registered after August 10, 2018.
– You continue to use your trademark for the goods or services you originally protected.

Whether you’re an individual or a company, this filing applies to you!

If your trademark covers multiple classes, you must prove usage in each class separately — otherwise, you risk losing protection in some categories even if you keep it in others.

When Do You File?

The Declaration of Use must be filed within three months after the third anniversary of your trademark registration.

For example:
If your trademark was registered on May 15, 2021, you must file your Declaration of Use between May 15, 2024, and August 15, 2024.

Miss the deadline — and you risk losing your rights without any additional notice.

What Happens If You Don’t File?

It’s simple: You lose your trademark.

The IMPI will officially declare it expired for the goods or services you didn’t prove usage for. Worse yet, the trademark becomes available for third parties to register — and that can open a world of problems for your business, such as:

– Losing exclusivity over your brand.
– Facing more competition (others could register similar names or logos).
– Damaging your reputation and the commercial value you worked so hard to build.
– Potentially affecting licensing, franchise, and distribution agreements tied to your trademark.

Proof of Use Matters

The Mexican Institute of Industrial Property could require additional information so it may not be enough to say you’re using your trademark — you must show real and verifiable use for the goods or services listed in your registration.
Examples of valid proof include:

– Invoices.
– Advertising materials.
– Website screenshots showing active use.
– Product packaging with the trademark.

If you aren’t using your trademark for all the products or services you registered, those unused parts can expire — even if you still use the brand name overall.

Quick Checklist

Before the deadline hits, make sure you:

– Know your trademark’s registration date.
– Calculate your 3-year + 3-month filing window.
– Gather proof of actual use.
– Pay the official filing fee.
– Seek professional assistance if needed to avoid costly mistakes.

Need Help?

Don’t take chances with your brand!

At MEXLAW, we make sure your Declaration of Use is filed correctly on time, and backed with the proper evidence — so you can stay protected and focused on growing your business. Contact us today to safeguard your trademark in Mexico and your future!