If your Mexican trademark was granted on or after 10 August 2018, you must declare that it is in use within the 3 months after the third anniversary of the grant. If you do not, the registration lapses automatically (LFPPI art. 233). IMPI does not send a reminder and does not issue a requirement first.
Most US trademark owners know a similar rule at home. The Mexican one is shorter and less forgiving.
Who has to file
| Registration granted | Declaration at year 3? | Declaration at renewal? |
|---|---|---|
| On or after 10 August 2018 | Yes | Yes |
| Before 10 August 2018 | No | Yes |
Every registration declares use again when it is renewed at year 10. See trademark renewal in Mexico.
Your deadline, worked through
- Find the grant date on your registration certificate. Not the filing date.
- Add 3 years. That is the day the window opens.
- Add 3 more months. That is the last day to file.
Example: a mark granted on 15 March 2023 can file from 15 March 2026 until 15 June 2026.
Marks registered through the Madrid System that designate Mexico follow the same rule: the 3 years count from the grant.
What you declare
You declare real and effective use in Mexico and list the specific goods or services the mark is used on. Protection continues only for what you list. Goods or services you leave out drop out of the registration.
That makes the declaration a decision, not a form. Listing a product that is not sold in Mexico exposes the registration to a challenge. Leaving out one that is sold gives up protection for it.
Use by a licensee counts as use of the mark. The declaration still has to be filed, by the owner or on the owner’s behalf.
“A client came to us at risk of losing its Mexican registration this way. We filed the declaration of use.” Cristian Orta Corona, IP attorney at Auramip
What it costs
| Official fee | DOF tariff (MXN) | With 16% VAT (MXN) | Approx. USD | Basis |
|---|---|---|---|---|
| Declaration of use, per class | $985.67 | $1,143.38 | US$61 | Art. 14d |
A registration covering three classes pays it three times. Our professional fee is quoted per case.
How we handle it
- Deadline check. You send the registration number. We confirm the grant date and your window.
- Use review. We go through the goods and services with you and agree what to declare.
- Filing. We file the declaration with IMPI and pay the official fee.
- Confirmation. We send you the filing receipt for your records.
If the deadline has already passed, the registration cannot be saved, and we would talk about a new trademark registration instead.
Not sure when your window opens? Send us the registration number and we will confirm the deadline, at no cost: request a deadline check.
All fees quoted are IMPI’s official fees, taken from the tariff published in the Diario Oficial de la Federación (DOF), and do not include professional fees. USD is approximate, converted at the Banxico FIX rate of 18.7962 MXN per USD published on 30 October 2026. The peso amount is what is actually charged.
