How to Register a Trademark in Mexico: A Complete Legal Guide for Entrepreneurs and SMEs

1. Introduction – Registering a Trademark in Mexico

Registering a trademark is not merely an administrative procedure; it is a strategic legal act that grants companies the exclusive right to use, protect, and capitalize on their commercial identity against third parties. In a competitive and globalized environment, where reputation and differentiation are essential assets, owning a registered trademark in Mexico provides legal certainty, brand value, and long-term business advantages.

This guide, based on the Federal Law for the Protection of Industrial Property (LFPPI), explains the requirements, procedures, and rights derived from trademark registration before the Mexican Institute of Industrial Property (IMPI) — the authority in charge of trademark protection in Mexico.

2. What Is a Trademark and What Does the Law Protect?

According to Article 2, Section I of the LFPPI, industrial property includes, among others, the registration of trademarks, trade names, and commercial notices.A trademark is defined as any sign perceptible by the senses that distinguishes goods or services from others of the same kind or class in the market (Article 171 LFPPI).

Generally, the following can be registered as trademarks:

• Words or combinations of words

• Images, figures, symbols, or logos

• Three-dimensional shapes

• Distinctive colors, holograms, sounds, or non-traditional elements, provided they are distinctive

Registration before the IMPI grants the exclusive right to use and exploit the mark, and to prevent unauthorized use by third parties (Articles 172 and 173 LFPPI).

3. Types of Trademarks Recognized by Law

Article 172 of the LFPPI establishes several categories of trademarks, including:

• Word marks: composed of words, letters, or numbers

• Figurative marks: represented by images or symbols

• Three-dimensional marks: protecting the product’s shape or packaging

• Combined marks: mixing verbal and graphic elements

• Sound, olfactory, or holographic marks: recognized in Mexico since the LFPPI came into force (2020)

• Collective and certification marks: identifying associations or certifying quality and origin

4. Requirements to Register a Trademark with the IMPI

Trademark registration procedures are primarily regulated under Articles 178–191 of the LFPPI.

4.1 Formal Application

Applications must be submitted in writing or electronically to the IMPI and must include:

• Applicant’s name and address

• Trademark representation (word or design)

• List of goods or services to be protected (based on the Nice Classification)

• Proof of official fee payment

4.2 Formal and Substantive Examination

The IMPI first conducts a formal examination to verify compliance with legal requirements (Article 180 LFPPI).It then performs a substantive examination to determine whether the trademark is registrable or falls under any prohibitions (Articles 173 and 174 LFPPI).

Marks that are generic, descriptive, misleading, identical, or confusingly similar to existing ones, or that violate public order or morality, cannot be registered.

4.3 Publication and Opposition

Once the formal examination is completed, the IMPI publishes the application in the Official Gazette of Industrial Property (Article 181 LFPPI).Third parties have one month to file an opposition based on prior rights.

4.4 Decision and Registration Certificate

After opposition and examination stages, the IMPI issues a favorable resolution and grants a certificate of registration, which provides protection for ten years from the filing date, renewable indefinitely (Article 189 LFPPI).

5. Rights Granted by Registration

Registration gives the owner exclusive rights to use and exploit the trademark (Article 191 LFPPI), including the power to:

• Use the mark on products, packaging, advertising, and business documents

• Authorize third-party use through licensing agreements (Article 236 LFPPI)

• Oppose or sue unauthorized users

• Transfer ownership by assignment or inheritance

• Claim damages for unlawful use

Trademark owners may enforce their rights through administrative actions before the IMPI or civil actions for unfair competition (Articles 386 and 389 LFPPI).

6. Renewal, Licensing, and Transfer of Rights

6.1 Renewal

Trademarks are valid for ten years and can be renewed indefinitely for equal terms (Article 190 LFPPI).Renewal must be filed within six months before expiration, or during a six-month grace period after expiry by paying a late fee.

6.2 Licensing

The owner may authorize third parties to use the trademark through a license, which must be recorded with the IMPI to be enforceable against third parties (Article 236 LFPPI).Licenses can be exclusive or non-exclusive, protecting both the licensor and the licensee.

6.3 Transfer of Rights

Trademark rights may be transferred by assignment, merger, inheritance, or commercial agreement, provided they are recorded with the IMPI (Article 239 LFPPI).

7. Infringements and Sanctions

Unauthorized use of a registered trademark constitutes an administrative infringement sanctioned by the IMPI (Articles 386 and 389 LFPPI).Common violations include:

• Using identical or similar signs to a registered mark

• Affixing false or altered marks

• Offering goods or services using a mark without consent

Sanctions may include fines, suspension of business activities, seizure or destruction of goods, and compensation for damages (Article 402 LFPPI).Owners may also request precautionary measures, such as halting sales or seizing products to prevent irreparable harm (Article 344 LFPPI).

8. Legal Tips to Protect Your Trademark

1. Verify availability before filing. Conduct a phonetic and figurative search in the IMPI database to avoid conflicts.

2. Use your mark consistently. Continuous use proves exploitation and prevents cancellation for non-use (Article 260 LFPPI).

3. Renew on time. Failure to renew results in loss of exclusive rights.

4. Register variations. If expanding your product or service lines, register mixed or derived versions.

5. Seek international protection. If you export or plan to, consider the Madrid Protocol to extend protection to other countries from Mexico.

9. Conclusion and Call to Action

Registering and protecting your trademark is a strategic investment that safeguards your company’s identity, reputation, and competitiveness. The Federal Law for the Protection of Industrial Property offers a strong legal framework for exclusive use and enforcement — provided registration and management are handled properly.

At UPLAW Abogados | Attorneys-at-Law, we assist entrepreneurs, SMEs, and international companies with trademark registration, renewal, and legal defense in Mexico. Our team conducts preventive legal audits and develops comprehensive strategies for brand protection and IP compliance.

📩 Request a consultation or brand review at www.uplaw.com.mx or contact us at contacto@uplaw.com.mx.

Summary

How to register a trademark in MexicoTo register a trademark in Mexico, you must file an application with the Mexican Institute of Industrial Property (IMPI), including the applicant’s information, the trademark representation, and a list of goods or services according to the Nice Classification. IMPI conducts formal and substantive examinations, publishes the application for opposition, and—if no impediments exist—issues a registration certificate valid for ten years, renewable indefinitely under the Federal Law for the Protection of Industrial Property (Articles 178–191 LFPPI).

Frequently Asked Questions (FAQs)

1. How do I register a trademark in Mexico?

To register a trademark in Mexico, you must file an application with the Mexican Institute of Industrial Property (IMPI). The application should include the applicant’s name and address, a clear representation of the trademark, and a description of the goods or services to be protected according to the Nice Classification. IMPI conducts formal and substantive examinations, publishes the application for opposition, and, if approved, issues a registration certificate valid for ten years, renewable indefinitely under the Federal Law for the Protection of Industrial Property (Articles 178–191 LFPPI).

2. How much does it cost to register a trademark in Mexico?

The official IMPI fees vary depending on the number of classes and the type of mark but generally range between $3,000 and $4,000 MXN per class (approximately USD $180–$240). If you work with an attorney or IP firm, professional service fees may apply in addition to the official cost.

3. How long does trademark registration take in Mexico?

The process typically takes between four and six months, depending on the IMPI’s workload and whether any oppositions are filed by third parties. Applications without objections or oppositions often move faster through the system.

4. How long is a trademark valid in Mexico?

A registered trademark in Mexico is valid for ten years from the filing date. It can be renewed indefinitely for additional ten-year periods, as long as the owner files a renewal application and pays the corresponding fees (Article 190 LFPPI).

5. Can foreigners register a trademark in Mexico?

Yes. Foreign individuals and entities can register trademarks directly with the IMPI or through a local legal representative. Furthermore, Mexico is a member of the Madrid Protocol, which allows international trademark registration through a single centralized application that covers multiple countries.

6. What happens if I don’t renew my trademark on time?

If you fail to renew your trademark within the established deadline, it will expire and you’ll lose exclusive rights to use it. However, the law provides a six-month grace period after the expiration date, during which you can still renew your trademark by paying an additional late fee.

7. What can I do if someone uses my trademark without permission?

If another party uses your registered trademark without authorization, you can file an administrative infringement action before the IMPI or a civil lawsuit for unfair competition, based on Articles 386 and 389 of the LFPPI.These actions can result in fines, injunctions, or damages, and may include the seizure or destruction of infringing goods.

8. Can I license or sell my trademark?

Yes. The owner of a registered trademark may license its use to third parties or transfer ownership through assignment, merger, inheritance, or a commercial agreement. All such licenses and transfers must be recorded with the IMPI to have legal effect (Articles 236 and 239 LFPPI).

9. How can I protect my trademark internationally?

You can expand the protection of your Mexican trademark by filing through the Madrid Protocol, administered by the World Intellectual Property Organization (WIPO). This mechanism allows you to protect your mark in multiple countries through a single, centralized procedure — saving time and reducing costs compared to filing in each country individually.

10. Why should I hire a law firm to register my trademark?

Trademark registration may seem simple, but it involves strategic legal decisions: classification, prior search, response to office actions, and monitoring potential infringements. Working with a specialized law firm such as UPLAW Abogados | Attorneys-at-Law ensures that your application is properly filed, monitored, and defended, maximizing the legal protection of your brand.

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