Monday, 22 March 2021 17:05

Declarations of Use Required for Mexican Trademark Registrations

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On November 5, 2020 Mexico enacted new laws to bring its intellectual property system into conformity with the standards set forth in the USA-Mexico-Canada Agreement. Previously, no evidence of use of a trademark was required to obtain or maintain a trademark registration in Mexico. However, under the new laws, a Declaration of Use must be filed within three months of the third anniversary of the registration date as well as on renewal of a trademark registration. 

The changes will help clear out unused trademarks from the register in Mexico. This type of "use it or lose it" regulation has long been the case in the United States and will likely lead to a reduction in trademark piracy. 

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W. John Eagan

Mr. Eagan earned his bachelor’s degree in Mechanical Engineering from Lehigh University and his law degree, with honors from the University of Miami. While at the University of Miami he served as the Inter-American Citator and an Articles and Comments Editor for the Inter-American Law Review. Mr. Eagan is admitted to practice law in the State of Florida and concentrates his practice in Intellectual Property litigation.