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Amendments to Trademark Laws

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Aug 22, 2018 (Newsletter Issue 14/18)
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Requirement for Declaration of Use Now

Important amendments to the Mexican Law of Industrial Property have been published in the Federal Official Gazette on May 18, 2018, as reported earlier. The amendments came into force on August 10, 2018.

Under the new Law, declarations of use must be now filed at two points during the life of a registration:

- Within three months following the third anniversary of a trademark registration, counted from the date of registration, applicable to trademarks which are granted registration on or after August 10, 2018.

- At the time of filing for renewal application, which is every ten years counted from the application date of the trademark. This will be applicable to all trademarks which become due for renewal on or after August 10, 2018.

Further, no evidence of use needs to be filed, but rather only the completion and execution of the Declaration of Use Official Form yet to be published by the MPTO will be required.

With regard to International Registrations designating Mexico the declaration of use must be filed within three months following the third anniversary of the date on which the MPTO grants registration of the International Registrations (date of the National Certificate of Registration that is issued by the MPTO).

For further detailed information on the declaration of use and other amendments, please see here