The declaration of actual and effective use is mandatory for Mexican trademarks granted on or after August 10, 2018. It must be filed within the three months following the third anniversary of the grant date. If it isn't filed, the registration lapses by operation of law, with no warning from IMPI. The official fee in 2026 is MXN 1,143.38 (VAT included).
Who has to file it?
Every owner of a Mexican trademark granted on or after August 10, 2018, including foreign owners and marks that reached Mexico through the Madrid Protocol. It is currently governed by the Federal Law for the Protection of Industrial Property.
How to calculate the deadline
The date that matters is the grant date on the certificate, not the filing date.
| Example | Date |
|---|---|
| IMPI grants the registration | March 15, 2023 |
| Third anniversary | March 15, 2026 |
| Last day to declare use | June 15, 2026 |
What gets declared
- The goods or services on which the mark is actually used in Mexico, within those covered by the registration.
- Declare only real use: a declaration that doesn't match reality weakens the mark in a dispute.
- Keep evidence of use in Mexico (invoices, packaging, advertising, online store pages). It isn't usually filed with the declaration, but it's your defense against a non-use cancellation action.
Cost
The official IMPI fee in 2026 is MXN 1,143.38, VAT included, plus professional fees. It's the cheapest filing in the life of a trademark and the one that costs the most registrations.
Declaration of use vs. renewal
The year-three declaration is filed once. After that, every 10 years, you declare use again when you renew the trademark.
Frequently asked questions
What happens if we miss the declaration of use in Mexico?
The registration lapses by operation of law, without notice from IMPI. To get protection back you have to file a new application with a new priority date.
When is the Mexican declaration of use due?
Within the three months following the third anniversary of the date IMPI granted the registration.
Does it apply to marks designated through the Madrid Protocol?
Yes. Mexican registrations obtained through Madrid are subject to the same third-year declaration of use, filed through local counsel.
How much does the declaration of use cost?
The official IMPI fee in 2026 is MXN 1,143.38 including VAT, plus professional fees.
Not sure when yours is due?
Send us the registration number. We'll confirm the deadline and file the declaration for you, reporting in English.
Check our deadline