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Amendments to Trademark Laws

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Okt 11, 2018 (Newsletter Issue 17/18)
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Declaration of Use for IRs Designating Mexico Required

WIPO informs that the Mexican Institute of Industrial Property (IMPI) has provided information regarding amendments to the Mexican Industrial Property Law which entered into force on August 10, 2018.

Holders of international registrations containing the designation of Mexico must file now a declaration of actual and effective use of the mark. Such declaration shall be filed directly with IMPI in the appropriate official format, as prescribed by the applicable laws and regulations and upon payment of a fee:

- within a three-month period, following three years counted from the date
on which protection was granted in Mexico, as specified in the declaration sent by IMPI to the International Bureau of WIPO pursuant to Rule 18ter(1) or (2) of the Common Regulations under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement; and

- within three months from the notification of the renewal of the
international registration by the International Bureau of WIPO as from August 10, 2018.

The declaration of actual and effective use of the mark must be filed by the holder’s authorized representative with a local address, or by a legal representative in Mexico. A local address is required for purposes of notification.

On failure to file the declaration of actual and effective use within the prescribed time limits, IMPI shall declare, ex officio, the cancellation of the mark that is the subject of an international registration containing a designation of Mexico. IMPI can be contacted for further information.

For further information on the notice, please click here