A Power of Attorney is not required for the renewal of a trademark registration if the renewal fee is paid by the attorney previously prosecuting the trademark registration. Otherwise, the new attorney should file a scanned copy of the signed Proof of Author (POA). If the POA is filed, it must be signed by the registrant and two witnesses. It is not necessary to certify or legalize the document. In Mexico, the official language for trademark applications is Spanish.
If the registration is to be renewed the only documentation required is a Declaration of Use. As soon as the trademark is registered for three years, its owner is obliged to file a declaration of the trademark’s real and continued use within three months of the said term. Otherwise, the trademark will automatically be considered lapsed.
This obligation applies to trademarks registered on and after August 10, 2018. In addition, a declaration of use must be submitted alongside each renewal application. Trademark registration may be cancelled on the grounds of prior use within a non-extendable term of 5 years from the date of publication in the Mexican Intellectual Property Gazette.
After that time a new application for registration is required. It usually takes between four to six months for IMPI to process a renewal application. Once the renewal is complete, IMPI will issue a Renewal Certificate.
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