Starting August 10, 2021, the owners of all trademark, slogan and trade name registrations issued on August 10, 2018, and on, must file a statutory declaration of actual and effective use.

The burden also affects trademarks protected in Mexico according to the Madrid Arrangement, if the protection was issued on August 10, 2018, or after. The statement of actual and effective use must be filed directly with the Mexican Patent and Trademark Office (MPTO).

The window to file the statutory statement of actual and effective use, and a payment of about US$80.00, is three months counted from the third anniversary of issuance of the registration or protection in Mexico. The term may not be extended and the MPTO will not issue a reminder whatsoever.

Trademark owners (and their agents) must be careful with what they state. The declaration of use may be filed only if the trademark has been actually used in Mexico and it must provide only the goods or services the mark has been used on, and the trademark rights would be limited to the stated products or services.

Failure to timely file the statutory statement of use would result in the automatic lapsing of the trademark, slogan or trade name registration.

The window is small and the consequences of not filing the statement of use are dire. Trademark owners should double-check with their attorneys if they must file the statement of use and the term to do it.