In the Mexican market, companies with trademarks need to pay extra attention to the requirements for the use of their trademarks to ensure their validity and continued protection.

Under Mexican trademark law, the third year after trademark registration is a critical point in time. Below is a detailed explanation of the trademark use oath to help sellers avoid trademark invalidation.

1 .When to File Oath of Use 

According to the Mexican trademark law, for Mexican trademarks filed since August 10, 2018, an oath of use (Declaration of Use) of the trademark must be filed with the Mexican Intellectual Property Institute (IMPI) within three months after the third year, and failure to file the oath of use by the due date will result in the risk of revocation of the registered trademark!

For Mexican trademarks approved for registration before August 10, 2018, you only need to renew the registration with an oath at the end of the 10th year of validity.

For example, if your trademark was registered on May 10, 2019, you will need to submit the oath of use within three months after the third year, i.e., between May 10 and August 10, 2022.

2. Information required for the oath 

Evidence of use of the trademark 

Proof of actual use of the trademark in Mexico is required.

Proof may include product packaging with the trademark, invoices, advertising materials, or actual sales of the trademark in the marketplace.

Sworn statement of use 

A statement signed by the company or trademark holder confirming the use of the trademark in the Mexican market.

3. Consequences of Failure to Submit Oath in Time 

If you fail to submit the trademark use oath within the specified period, your trademark will face the following serious consequences: 

Trademark Invalidation 

Trademark may be withdrawn or regarded as invalid, and lose the legal protection.

Market Risks 

After the trademark is invalidated, other competitors may register the same or similar trademarks before you, resulting in a loss of brand equity.

Therefore, sellers and friends of the Mexican site must strictly comply with the law and submit an oath of use in a timely manner in order to protect our brand rights and interests.

4. Other Notes 

The oath of use is not only limited to the third year of registration of the trademark, but also the subsequent renewal cycle, the trademark holder should always maintain the actual use of the trademark and retain the relevant evidence.

As for distributors who do not have a Mexican brand, proof of use of the trademark can be provided through the distributor or authorized agent.

In addition, Mexican trademarks need to be renewed every 10 years, but before doing so, it is necessary to ensure that the affidavit of use has been filed on time.

The necessary documents for renewal include a renewal application, proof of use of the trademark, and payment of the relevant official fees.