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For professionals responsible for patent filing, registration, and enforcement in Mexico, this...
For professionals responsible for trademark applications, registration, and enforcement in Mexico, this guide focuses on the 2020 Federal Law on the Protection of Industrial Property (LFPPI) and covers IMPI (Mexican Institute of Industrial Property) procedures, government fees, the protection of sound trademarks, certification marks, and well-known trademarks introduced following Mexico’s accession to the Madrid System(2013), the strengthened protection for sound marks, certification marks, and well-known marks introduced under the USMCA, and the obligation to file a Declaration of Use (Declaración de Uso)—a patent attorney will systematically explain the full scope of trademark practice in North America’s third-largest economy and a major hub for Japanese automotive manufacturers.
Key Points of This Article
- Mexico modernized its system to comply with the USMCA through the 2020 LFPPI (New Industrial Property Law)
- Key points of the 2020 amendment: Introduction of sound trademarks and certification trademarks, strengthened protection for well-known trademarks, and regulations on malicious applications
- Member of the Madrid System (since 2013). Japanese companies can designate Mexico via the Madrid System
- Foreign applicants must appoint a local agent (with a Mexican address)
- A Declaration of Use (Declaración de Uso) is mandatory in the third year of registration—failure to submit results in automatic cancellation
- Examination System: Formal examination → Publication → 1-month opposition period → Substantive examination → Registration
- Enforcement follows a three-tier system: IMPI administrative proceedings + Federal Administrative Court + Federal Circuit Court
MEXICO TRADEMARK
A comprehensive guide to the trademark system and practice in Mexico, North America’s third-largest economy, written by a patent attorney. This book systematically explains the process in 12 sections, covering everything from IMPI applications to the 2020 LFPPI, the Declaración de Uso, and the enforcement of rights in the Federal Circuit Court.
Table of Contents
- Executive Summary
- Basic Structure of the System and Legal Sources
- Key Points of the 2020 LFPPI Amendment
- Applicant Eligibility and Required Documents
- Standard Process and Timeline Management
- Estimated Government Fees
- Trademark Requirements and Specific Regulations
- Declaration of Use (Declaración de Uso)
- Opposition and Cancellation Proceedings
- Enforcement of Rights and Response to Infringement
- Differences Between Japanese and Mexican Systems
- Practical Checklist for Japanese Companies
1. Executive Summary
Mexican trademark practice is a statutory framework centered on the LFPPI (Ley Federal de Protección a la Propiedad Industrial, the new 2020 law), with the LFPPI Reglamento (Regulations) and IMPI examination guidelines governing applications, examinations, and disputes. It has been significantly modernized in response to the USMCA (United States-Mexico-Canada Agreement) and is characterized by a U.S.-style Section 8-style declaration of use system.
Four Key Points to Keep in Mind Regarding Mexican Trademark Practice
- The 2020 LFPPI amendment allows for the registration of sound trademarks and certification trademarks, and strengthens regulations against malicious imitation applications
- Government fees are denominated in MXN (Mexican pesos). The application fee for one class is approximately MXN 3,400 (about 26,000 yen).
- A declaration of use is mandatory in the third year of registration—a unique system similar to Section 8
- Enforcement follows a three-tier system: IMPI → Federal Administrative Court (TFJA) → Federal Circuit Court
2. Basic Structure of the System and Legal Sources
The “primary law” of the Mexican trademark system is the LFPPI (Ley Federal de Protección a la Propiedad Industrial, effective July 5, 2020), which completely replaced the former LPI (Ley de la Propiedad Industrial) of 1991.The trademark provisions are set forth in Título Quinto (Title V). Core provisions include the definition of a trademark (§171), registration requirements (§§172–174), application procedures (§§221–235), opposition (§221), and cancellation (§258).
Role of the IMPI
The IMPI (Instituto Mexicano de la Propiedad Industrial)—an agency under the Ministry of Economy—is responsible for trademark examination, registration, and administrative procedures. Its headquarters are in Mexico City. The electronic filing system PASE (Portal de Acceso a Servicios Electrónicos) is in operation.
Judicial Forum
| Courts | Jurisdiction and Characteristics |
|---|---|
| IMPI | First instance for trademark examination, registration, invalidation proceedings, and administrative infringement proceedings |
| Federal Administrative Court (TFJA) | Appeals court for IMPI decisions. Federal Administrative Court |
| Federal Collegiate Court (Tribunal Colegiado) | Appeals from TFJA judgments (Amparo proceedings) |
| Federal District Court | Civil litigation for damages due to trademark infringement |
3. Key Points of the 2020 LFPPI Amendment
Major Reforms in Response to the USMCA
- Sound Marks, Hologram Marks, and Certification Marks Now Eligible for Registration
- Strengthened Regulations on Applications Filed in Bad Faith (mala fe)—Alignment with USMCA Provisions
- Enhanced Protection for Well-Known Trademarks (Marca Notoriamente Conocida) and Famous Trademarks (Marca Famosa)
- Expansion of Grounds for Cancellation and Stricter Enforcement of Cancellation for Non-Use
- Introduction of a Minimum Damages Threshold (40% of the Sales Price of Infringing Goods)
4. Applicant Eligibility and Required Documents
In Mexico, both individuals and corporations may file trademark applications. Foreign applicants must appoint a local agent (with a Mexican address).
Simplification of the Power of Attorney (POA): A POA (Carta Poder) does not require notarization or consular authentication (a simplified POA is acceptable). It must be submitted at the time of filing or within two months of the filing date.
Required Documents
- Application Form (Solicitud): In Spanish; IMPI PASE electronic filing
- Trademark Specimen: JPEG/PNG; 3D and sound trademarks are also accepted
- Designated Goods/Services: 45 classes of the Nice Classification (multi-class applications permitted)
- POA (Carta Poder): Required for foreign applicants (simplified POA accepted)
- Priority Documents: If claiming Paris Convention priority, must be submitted within 3 months of the filing date
5. Standard Process and Timeline
① Filing (IMPI PASE)
→
② Formal examination and publication
of
application
→
③ Opposition period (1 month from publication)
↓
④ Substantive examination (6–9 months) → ⑤ Response to rejection (2 months to reply to Office Action) → ⑥ Registration → Declaration of use in the 3rd year → 10-year renewal
↓
④ Substantive examination (6–9 months) → ⑤ Response to rejection (2 months to reply to Office Action) → ⑥ Registration → Declaration of use in the 3rd year → 10-year renewal
Time required: Approximately 8–12 months from filing to registration in a smooth case.
6. Estimated Government Fees
| Item | Fee (MXN) | Conversion to Japanese Yen |
|---|---|---|
| Application fee (per class) | MXN 3,400 | Approx. 26,000 yen |
| Additional Class (per class) | MXN 850 | Approx. 6,500 yen |
| Fee for filing an objection | MXN 4,400 | Approx. 34,000 yen |
| Declaration of Use (3rd year) | MXN 1,250 | Approx. 9,500 yen |
| Renewal Fee (1 Class, 10 Years) | MXN 3,400 | Approx. 26,000 yen |
| Petition for Administrative Infringement Proceedings | MXN 7,000 | Approx. 53,500 yen |
7. Trademark Requirements and Specific Provisions
Registerable Trademarks (Expanded under the 2020 LFPPI)
- Word, Figurative, Combined, and Three-Dimensional Trademarks
- Sound marks and hologram marks (introduced in 2020)
- Color and trade dress
- Collective Marks (Marca Colectiva) and Certification Marks (Marca de Certificación)
Absolute Grounds for Refusal (§173)
- Lack of Distinctiveness / Descriptive Marks
- Violation of Public Order and Morals
- Geographical Indications and Indications of Origin
- Misleading Marks
Relative Grounds for Refusal
- Similarity to Prior Applications or Registered Trademarks
- Likelihood of confusion with well-known trademarks (Notoriamente Conocida) or famous trademarks (Famosa)
- Bad-faith application (mala fe, §174 III)—Strengthened in 2020
8. Declaration of Use
Mexico’s Unique and Most Important Maintenance System
Trademark owners are required to file a “Declaración de Uso” (Declaration of Use) within three months after the third anniversary of registration (§233). Failure to file results in automatic cancellation. This is a unique system similar to U.S. Section 8.
Filing Schedule
| Timing | Filing Period | Required Information |
|---|---|---|
| Third-Year Declaration | 3 to 3 years and 3 months after registration | Declaration of Use + Proof of Use |
| Declaration at Renewal (10 Years) | At the time of renewal application | Declaration of Continued Use |
9. Opposition and Cancellation Proceedings
Opposition During the Publication Period (§221)
Objections may be filed with the IMPI within one month of the trademark publication. The period cannot be extended (strict deadline).
Cancellation for Non-Use (§258)
If a trademark has not been used for three consecutive years following registration, any interested party may file a request for cancellation with the IMPI. Failure to submit a declaration of use is also grounds for cancellation.
10. Enforcement of Rights and Response to Infringement
IMPI Administrative Proceedings
IMPI Infringement Administrative Proceedings
- Seizure of Infringing Goods and Sealing of Warehouses
- Fines (up to MXN 250,000, approx. 1.9 million yen)
- Suspension of Business License
- Introduction of a minimum damages threshold (40%) under the 2020 LFPPI
Criminal Penalties
Trademark counterfeiting is punishable by up to 3 years’ imprisonment plus a fine (ranging from several thousand to tens of thousands of MXN). Criminal investigations are conducted by the Federal Prosecutor’s Office (PGR).
Customs (SAT) border measures
By registering an IPR Recordal with SAT (Mexican Customs), it is possible to stop the importation of counterfeit goods.
11. Differences Between Japanese and Mexican Systems
| Item | Japan | Mexico |
|---|---|---|
| Language of Application | Japanese | Spanish |
| Declaration of Use | None | Required in the third year |
| Objection period | 2 months after registration | 1 month from publication (preliminary) |
| Cancellation for non-use | 3 years | 3 years |
| Judicial Structure | Japan Patent Office → Intellectual Property High Court | IMPI → TFJA → Federal Circuit |
| Sound Marks and Holograms | Available | Established in 2020 |
| Minimum Damages | None | 40% minimum (2020 LFPPI) |
12. Practical Checklist for Japanese Companies
Before Filing
- Appointment of a Mexico-based agent (required)
- Conduct prior trademark search on IMPI MARCANET
- Choose between Madrid System and direct filing
After Filing
- Prioritize filing the Declaration of Use (3rd year) and manage the calendar
- Commence use in Mexico within 3 years of registration
- Continuous retention of evidence of use
- If infringement is discovered, IMPI administrative proceedings are the most practical approach
Summary
The Mexican trademark system is characterized by the 2020 LFPPI (New Law) and system modernization to comply with the USMCA. For Japanese companies to successfully establish their brands in the Mexican market, the key is to prioritize managing the deadlines for the Declaración de Uso (3rd-Year Declaration of Use) and combine this with efficient enforcement of rights through IMPI administrative procedures. Please also see our Madopro international trademark application and trademark registration services.
Consultation on Mexican Trademark Applications
EVORIX Intellectual Property Law Firm provides comprehensive support for trademark applications and enforcement in major countries across North, Central, and South America, including Mexico. Our patent attorneys, with extensive practical experience and working in collaboration with local agents, handle everything from LFPPI compliance and Declaración de Uso deadline management to responding to infringement claims at the IMPI.
Sources & References
▼ Primary Legislation
- Ley Federal de Protección a la Propiedad Industrial (LFPPI, effective July 5, 2020)
- Reglamento de la LFPPI (Regulations)
- Federal Criminal Code (Provisions Related to Trademark Counterfeiting)
▼ Official Sources
- IMPI Official Website: gob.mx/impi
- MARCANET (Mexican Trademark Search): marcanet.impi.gob.mx
- WIPO IP Portal (Mexico): wipo.int
- WIPO Lex: wipo.int/wipolex
- Membership in the Madrid Protocol (February 19, 2013): WIPO Madrid System
- Official Website of the Federal Administrative Court (TFJA)
▼ Explanatory materials from Japanese organizations
- JETRO Report: "Intellectual Property System in Mexico"
- Japan Patent Office "Information on Foreign Industrial Property Rights Systems (Mexico)"
- INPIT Intellectual Property Information on Emerging Countries
▼ International Agreements
- Paris Convention (Mexico joined in 1903)
- Madrid Protocol (Mexico acceded in February 2013)
- TRIPS Agreement (WTO accession: 1995)
- USMCA (United States-Mexico-Canada Agreement) (Entered into force in 2020)
- CPTPP (Entered into force in 2018)
- Japan-Mexico EPA (Entered into force in 2005)
*This article is based on the above primary sources and official information as of April 2026 and is intended to provide general information. As laws and regulations are subject to change, we recommend consulting primary sources and experts for the latest information. For specific decisions regarding individual cases, we recommend consulting experts, including local representatives.
AUTHOR / Author
Takefumi Sugiura
Representative Patent Attorney, EVORIX Intellectual Property Office
Assists clients across a wide range of industries—including IT, manufacturing, startups, fashion, and healthcare—from patent, trademark, design, and copyright applications through to trials and infringement litigation. Also well-versed in intellectual property strategies for cutting-edge fields such as AI, IoT, Web3, and FinTech. Member of multiple organizations, including the Japan Patent Attorneys Association, the Asian Patent Attorneys Association (APAA), and the Japan Trademark Association (JTA).