As you are aware, the third anniversary for the above-referenced trademark registration is fast approaching, and as such, you are required to submit a declaration of actual use to demonstrate and confirm actual utilization of the registered Trademark within the past three years.
Pursuant to the provisions of the Federal Law for the Protection of Industrial Property (FLPIP), a declaration of actual and effective use shall be submitted to the Mexican Institute of Industrial Property (IMPI). As such, IMPI requires that the declaration specify the goods and services in which the registered owner confirms actual and effective use of the Trademark. The above must be submitted three months prior to the third anniversary of the date of grant of the registration in Mexico. In the event that no declaration is submitted on or after the due date, IMPI will grant an extension of up to three months from the due date, within which to comply. Failure to comply will result in total or partial cancellation of the registered Trademark.
Please note that the declaration submitted must cover all 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. 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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