Few Latin American countries require filing a declaration of use with respect to trademark registrations. As a result of changes to the Mexican Trademark Law, it is now necessary to file a declaration of use for all registered trademarks.
The due date to file the declaration of use for a registered trademark will depend on several factors.
National Trademark Registrations
For national trademark registrations, trademarks registered on or after August 10, 2018, must file a declaration of use within three months of the third anniversary of the registration date. The declaration of use must also be filed along with the renewal every 10 years. The 10-year period is calculated as follows:
– For national trademarks filed on or after November 5, 2020, the 10-year period for renewals will be calculated as of the registration date.
– For trademarks filed before November 5, 2020, the renewal period of 10 years will be calculated as of the trademark’s filing date.
International Trademark Registrations
The requirement also applies to international trademark registrations filed through the Madrid Protocol. In this case, the declaration of use must be filed as follows:
– Within three months of the third anniversary of the national registration date.
– Within three months of the renewal notice issued by the International Bureau.
Evidence of Use
It is important to note that it is not necessary to file evidence of use along with the declaration of use. However, the declaration of use must indicate the goods or services for which the mark is actually in use.
Failure to file the required declaration of use within the appropriate time frame will cause the registration to automatically lapse without the possibility of reinstatement.
For further information please contact us at [email protected]