Welcome to our official Propimex blog, a legal firm dedicated to providing legal solutions and protection in the field of Industrial Property. In this edition, we will address a vital topic for companies that have registered a trademark in Mexico: the verification of trademark use with the Mexican Institute of Industrial Property (IMPI) at the third year mark. Join us in this article to understand the importance of fulfilling these requirements and ensuring the protection of your Industrial Property.
Registering a trademark with the IMPI grants its holder the exclusive right to use it in the products or services specified in the registration. However, it’s crucial to grasp that this right is not indefinite and requires renewal and protection through compliance with certain obligations.
One of these crucial obligations is the verification of effective trademark use with the IMPI, which must be carried out upon reaching three years from the registration grant. This verification ensures that the trademark is being effectively and commercially used in the market, thereby preventing registered yet inactive trademarks from blocking the registration of other trademarks or becoming void due to lack of use.
Steps to carry out the verification of trademark use with the IMPI
Internal review of commercial activity: It’s essential that, as the trademark holder, you conduct a detailed internal review of all commercial activities related to the registered trademark. You must verify that the distinctive signs are being used exactly as granted.
Preparation of the usage report: A usage report detailing the commercial activity related to the trademark over the past three years should be prepared. This report must be clear, accurate, and comprehensive.
Submission to the IMPI: Once the usage report is prepared and its content verified, it should be submitted to the IMPI within the stipulated deadline. It’s crucial to meet the formal requirements to avoid possible inconveniences or rejections.
Benefits of conducting trademark usage verifications
Continuous brand protection: Fulfilling usage verifications ensures ongoing brand protection, preventing third parties from challenging its registration due to lack of effective use.
Enhanced legal strength: Demonstrating the commercial use of the trademark strengthens its legal position and defense in case of litigation or conflicts with third parties.
Avoiding cancellations and claims: Compliance with usage verifications minimizes the risk of the trademark being cancelled by the IMPI or third parties claiming its nullity.
Conclusion
At Propimex, we understand the importance of safeguarding your company’s Industrial Property, and the verification of trademark use with the IMPI is a fundamental pillar to ensure that protection. Meeting this requirement ensures the validity and protection of your trademark, as well as providing you with a competitive edge in the market. If you need legal guidance or have questions about conducting the usage verification for your trademark, don’t hesitate to contact our Industrial Property experts at Propimex. Protect your industrial heritage and secure your company’s future. Contact us today!
