Registering Trademarks and Patents in Mexico

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Mexico modernised its industrial property law in 2020, bringing it closer to international standards. As in every country, rights are territorial and Mexico follows a first-to-file system, so register before you start manufacturing, importing or selling there.

1. Trademarks

• Authority: the Mexican Institute of Industrial Property (IMPI).
• Routes: a national application (one class per application) or an international registration designating Mexico under the Madrid Protocol.
• Procedure: publication of the application, a one-month opposition period, then examination. A straightforward application can be granted in around six months to a year.
• Term: 10 years from grant, renewable.
• Declaration of use: within three months after the third anniversary of grant, the owner must declare that the mark is in use; otherwise it lapses. A new declaration is required on renewal.
• Non-traditional marks: holograms, sounds, scents and trade dress can be registered.

2. Patents and utility models

• Patents: 20 years from filing, with possible supplementary protection for delays attributable to IMPI.
• Utility models: 15 years from filing.
• Routes: national filing, Paris Convention priority within 12 months, or PCT national phase. Patent Prosecution Highway agreements can speed up examination.

3. Industrial designs

Industrial designs are granted for an initial five years, renewable in five-year periods up to a maximum of 25 years.

4. Practical tips

• File before appointing distributors, maquila partners or importers, and make sure the registration is in your name.
• Diary the declaration of use; missing it is a common way to lose a Mexican mark.
• IMPI can order border measures and administrative actions against infringers, which are often faster than court proceedings.
• Consider registering Spanish translations or adaptations of your brand if you will use them.

The views expressed are personal and do not necessarily represent the position of NET CRAMAN. This article is for general information only and does not constitute legal advice. Rules change over time; seek specific advice before acting.