As you may are aware, the above-referenced trademark registration was granted for a ten-year period, after which period renewal is required to further extend protection of your interest in the Trademark for an additional 10 years. Kindly note that the subject Trademark registration shall lapse on ****, which date is fast approaching.
Pursuant to the provisions of the Federal Law for the Protection of Industrial Property (FLPIP), applications for renewal shall be made to the Mexican Institute of Industrial Property (IMPI). IMPI requires that the application must be accompanied with a declaration of actual and effective use, specifying the goods and services in which the registered owner confirms actual and effective use. The above must be submitted at least six months prior to the date of expiration of the Trademark validity and within six months after the expiration of the registration period.
Please note that the declaration submitted must cover all your goods and services in use of the Trademark. This is critical as FLPIP limits the scope of Trademark protection to the goods and services specified by the registered owner’s declaration. Failure to submit the declaration will render the renewal application invalid. Equally critical is the period within which to submit the application together with the declaration. The timeline as specified above must be complied with, failure of which the registration will expire without prior notice to you.
For your information, the actual list of goods or services for the above-referenced trademark registration are as follows:
“[list of goods or services]”
However, take note that if the mark has not been used in Mexico within the last three years, the registration will be at risk of total or partial cancellation. Under such circumstances, we do advise filing a new application for this mark before the deadline, so as to avoid the risk of a third party securing an earlier filing date for this mark.
Please also confirm, that the name and/or address of the registered owner remain the same. In the event of a change, please indicate the amended name and/or address; we will then advise you on the documents required in order to attend to the necessary recordal or annotation.
Note that a Power of Attorney or similar document is not a requirement to commence this process.
The costs associated with preparing and filing a renewal application together with declaration of use in one class are US$400.00 professional fees plus US$220.00 government fees, total US$620.00. If necessary, the costs for filing renewal and declaration of use in additional classes, are US$350.00 professional fees plus US$220.00 government fees, total US$570.00.
We appreciate you informing us even if there is no interest on your part to apply for the renewal and declaration of use, thereby enabling us to update our records.
We shall be pleased to provide any further information you may require and look forward to receiving your timely instructions.
In the meantime, we remain,
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