GP&H Suite


GP&H Suite

3 Aug

Why and when I have to present the trademark statement of Use to the IMPI?


The Trademark statement of Real and Effective Use aims to carry a better control of the granted registrations, avoiding that the titles of disused brands remain in force, this figure was included in Mexican legislation with the 2018 reform to the then Industrial Property Law and continues in force in the Federal Law for the Protection of Industrial Property that came into force in 2020.

It is necessary that the trademark holders to carry out the statement of use process in order to avoid the expiration of their trademark, that is, in order to avoid losing the registration and ownership for the exploitation and exclusive use.

Trademark registrations requested as of August 10, 2018 must submit their statement of use within 3 months after the third year after the registration has been granted, and they must also make this statement of use every 3 years to avoid the expiration of the distinctive sign.

Trademark holders with registrations requested before August 10, 2018 must submit their statement of use every 3 years once they renew their register.

It is worth highlighting the importance of this procedure since the Institute has the faculty to declare the expiration of the trademark by right, as it does not receive this statement of use from its trademark holder within the indicated deadlines, without requiring a declaration by the Institute.

Lic. María Galaviz.

Gloria Ponce de León & Hernández


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