Further to our recent report on the amendments to the Mexican Industrial Property law here, Declarations of Actual and Effective Use will be required as of August 10, 2018 for registered marks. The Declarations must be filed within three months of the third anniversary of the grant of registration. It is unclear, however, whether the requirement will apply (i) only to registrations granted as of August 10, 2018, or (ii) to marks for which the third anniversary of registration falls after August 10, 2018 (i.e., registrations that issued after August 10, 2015). The Trademark Director of the Instituto Mexicano de la Propiedad Industrial has publicly affirmed the first interpretation. But the second interpretation arises from the position that the transitional provisions implementing the recent amendments to the law contradict Mexican Constitutional law and intellectual property maintenance rules and practice. We are seeking clarity and hope to provide an update soon.
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