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 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.
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 “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).
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.
| 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 |
Major Reforms in Response to the USMCA
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
Time required: Approximately 8–12 months from filing to registration in a smooth case.
| 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 |
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.
| 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 |
Objections may be filed with the IMPI within one month of the trademark publication. The period cannot be extended (strict deadline).
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.
IMPI Infringement Administrative Proceedings
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).
By registering an IPR Recordal with SAT (Mexican Customs), it is possible to stop the importation of counterfeit goods.
| 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) |
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.
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.
*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).