Frequently Asked Questions

A trademark is a sign perceivable by the senses — a word, logo, color, scent, or sound — used to distinguish a business's goods or services from a competitor's. In Mexico, registration of a trademark before IMPI (Mexican Institute of Industrial Property) grants the right to its exclusive use, including the right to prevent third parties from using confusing trademarks. Exclusive protection for a trademark in Mexico is obtained only with its registration.

A trademark application before IMPI typically takes 3 to 5 months, but this term may be extended if there are formal requirements, an objection, or a third-party opposition. With the April 2026 reform, IMPI is expected to resolve applications within a maximum of 5 months.

Mexico protects: word marks (words, phrases, letter or number combinations), figurative marks (logos, figures), mixed marks (name + logo), three-dimensional marks (product, container, or packaging shapes), sound marks (melodies, sound combinations), scent marks, trade dress (label, decoration, packaging combinations), position marks, movement marks (soundless image sequences), multimedia marks (movement + sound), and any combination of the above.

The initial cost includes the IMPI official fee (approx. $209 USD per class), plus an industrial property agent's fees. At De Alva & Asociados, we offer transparent quotations that include clearance search, preparation and filing of the application, and follow-up through to the registration certificate.

A trademark registration has a 10-year term starting from the registration's granting date, renewable indefinitely for successive 10-year terms — provided maintenance requirements are met, including filing a declaration of use within the 3 months following the registration's third year.

A clearance (or anticipation) search is a prior analysis designed to detect whether any previously registered trademarks or filed pending applications are identical or confusingly similar to a trademark planned for registration, applied to the same or similar goods or services.

At De Alva & Asociados, we perform highly detailed searches before filing to reduce risk of obstacles during prosecution, and to save our clients time and money.

The Nice Classification is the international system — under the Nice Agreement — for classifying goods or services protected by trademarks, grouping them into 45 classes (34 of goods and 11 of services).

Mexico applies this classification, so each trademark application must specify the class(es) requested for protection. Each class requires a separate application and separate official fees.

Yes — and it is necessary. In principle, a trademark registered in other countries does not grant protection in Mexico. Mechanisms such as the Madrid System make it possible to extend protection of a trademark to Mexico and other member countries through a single application.

The Madrid System (administered by WIPO) allows trademark protection to be sought in multiple member countries through a single international application. However, Mexico has its peculiarities: IMPI frequently issues provisional refusals on formal or substantive grounds, and the holder needs a local representative to respond. De Alva & Asociados has extensive experience handling these provisional refusals.

You may file an opposition during the one-month opposition period following publication in IMPI's Industrial Property Gazette. If the mark has already been granted (and subject to additional requirements), you may request its nullity or initiate an administrative infringement proceeding before IMPI. Our trademark litigation attorneys can advise on the best strategy.

Using a mark without registration does not generate exclusive rights in Mexico. The Mexican system is first-to-file, not first-to-use. Any third party may register a similar sign and obtain rights to oppose your use. We strongly recommend registering before launching your product or service.

For all trademarks registered in Mexico on or after August 10, 2018, the owner must file a declaration of use with IMPI within the 3 months following the registration's third anniversary.

If it is not filed, the registration will expire automatically, with no possibility to recover the same registration once it lapses.

Any interested third party may request IMPI to cancel a trademark for non-use. The holder must then demonstrate having used the mark during the 3 consecutive years immediately prior to the cancellation request, for the goods or services for which the registration was granted.

Since this action is often used strategically by competitors, maintaining evidence of use — invoices, catalogues, advertising, contracts — is essential to defend your registration.

IMPI may issue a formal declaration recognizing a trademark as well-known or famous, granting extended protection beyond the classes in which it is registered. To obtain this declaration, the widespread recognition of the mark among consumers, its extensive use, and commercialization efforts must be demonstrated. De Alva & Asociados has handled multiple well-known trademark declarations.

For filing a trademark application in Mexico, you need: applicant information (full name, address, nationality); mark information (name and logo); a description of goods or services to be covered, with their corresponding class. When filing through a representative, no power of attorney is required. Foreign applicants must designate a Mexican address for legal purposes.

Yes, provided the name is not notoriously known and its use would not cause risk of association or confusion to consumers or affect third-party rights. If the name belongs to a well-known public figure, their express consent is required for registration.

Trade dress refers to the overall visual appearance of a product or establishment — including labels, shapes, layout, and packaging — that distinguishes it in the marketplace. In Mexico, trade dress may be registered as a three-dimensional or mixed mark.

Yes. Mexico allows the registration of single colors or color combinations as trademarks, provided they are accompanied by other distinctive elements and are not descriptive of the product or service. A single color may be registered if it has acquired secondary distinctiveness through intensive and prolonged use.

IMPI may issue a formal requirement or an objection citing formal deficiencies or substantive grounds (similarity to prior marks, descriptiveness, etc.). Under the 2026 reform, IMPI is limited to a maximum of two substantive office actions. The applicant has a set term to file arguments and evidence. De Alva & Asociados has a high success rate in responding to these office actions.

The Gazette is the official means of publication and notification of acts and decisions issued by IMPI regarding industrial property matters. It publishes applications for opposition purposes, granted registrations, and other administrative acts. Publication is essential so third parties can exercise their right to oppose registration of a trademark, during the month following the application's publication.

Yes. The owner may assign (transfer) the trademark to a third party through a contract recorded with IMPI, or license its use through a license agreement also recorded with IMPI. Licenses may be exclusive or non-exclusive, and licensees may be authorized to take infringement actions. De Alva & Asociados advises on negotiating and drafting these agreements.

A trademark distinguishes goods or services. A trade name identifies a business or establishment (not protected through registration, but it may be granted protection through publication before IMPI). A commercial slogan is a phrase to advertise establishments or businesses, which may also be registered as a distinctive sign. All three are industrial property rights with different objects of protection and independent registration procedures.

A trademark registration must be renewed within the 6 months before or 6 months after the date on which the registration reaches its 10-year term. Renewal requires payment of the official fee per class and filing of the corresponding declaration of use. Keeping track of renewal deadlines is essential. De Alva & Asociados offers portfolio management services for reminders and renewals.

Mexico grants a 6-month grace period after the registration's expiration, during which renewal is still possible with payment of an additional extemporary charge. If the registration is not renewed within this grace period, it lapses definitively and the mark may be applied for by a third party.

The Mexican Federal Law for the Protection of Industrial Property requires foreign individuals and legal entities without a domicile in Mexico to act through an authorized legal representative. Mexican nationals may act directly, but the technical and legal complexity of the process makes it highly advisable to retain an industrial property agent registered before IMPI. De Alva & Asociados has more than 25 years of experience and a 95% success rate.

A patent is an industrial property title that grants the inventor the exclusive right to exploit an invention for 20 years in Mexico. It protects new inventions that involve an inventive step and are susceptible to industrial application. It may cover products, processes, compositions, or improvements to existing technology.

In addition to invention patents (20 years), Mexico protects: utility models (functional improvements, 15 years non-renewable), industrial designs (ornamental aspects, 5 years renewable up to 25), integrated circuit layout designs, and trade secrets. All are processed before IMPI.

To be patentable, an invention must be: (1) novel — not previously disclosed anywhere; (2) involve an inventive step — not obvious to a person skilled in the art; and (3) susceptible to industrial application. Prior disclosure can destroy novelty, so filing before publication is strongly recommended.

The IMPI process typically takes 3 to 6 years on average, depending on complexity and the number of office actions. Under the 2026 reform, IMPI is limited to issuing a maximum of two substantive office actions per application, which is expected to significantly shorten timelines.

Yes. You may claim priority under the Paris Convention within 12 months of your first patent application in any member country. You may also enter Mexico through the Patent Cooperation Treaty (PCT) by filing an international application and subsequently entering the Mexican national phase.

The PCT (Patent Cooperation Treaty) allows a single international application to be filed with WIPO, with the option of designating PCT member countries to extend protection, including Mexico. After the international search period (18–30 months), the applicant decides in which countries to enter the national phase. This provides time to assess commercial potential before incurring national costs.

The PPH is an agreement between the USPTO and IMPI that allows requesting accelerated examination of a patent application in Mexico when the USPTO has already allowed at least one claim of the same invention. This can significantly reduce the time to obtain a patent in Mexico and leverages examination work already done by the USPTO.

The Federal Law for the Protection of Industrial Property excludes from patentability: scientific discoveries, mathematical methods, business methods as such, literary or artistic works (including software programs), animal breeds, plant varieties, genetic and biologic material as found in nature, inventions contrary to public order or morality, and surgical or therapeutic methods for human or animal treatment.

Trade secrets are confidential information that provides a competitive advantage and whose confidentiality and restricted access are actively maintained. The LFPPI protects trade secrets without formal registration, but requires the owner to adopt reasonable and sufficient measures — such as non-disclosure agreements and internal access controls — to maintain confidentiality.

Costs include official IMPI fees (filing, substantive examination, annual fees) plus professional fees. The full process generally ranges between $4,000 and $6,000 USD depending on complexity and whether the application originates from a PCT or direct national filing. De Alva & Asociados provides detailed and competitive fee estimates.

Annuities are periodic payments required to maintain a granted patent in force. In Mexico, annuities are due from the moment the patent certificate issuance fee is required, once allowance is notified. Payments are made in 5-year quinquenniums by full calendar year; failure to pay within the grace period may cause abandonment or expiry of the patent.

Claims are the matter for which protection is precisely and specifically requested in a patent application — they define the legal scope of protection granted. They are the most critical part of the application: they determine the exclusive right granted, define what the holder exclusively controls, and define what third parties can and cannot do without a license. Precise, strategic claim drafting is essential.

A utility model protects functional improvements to known objects, utensils, appliances, or tools that provide greater utility or convenience, or that feature a different function or advantage. The inventive step requirement is less strict than for invention patents, and protection lasts 15 non-renewable years — an agile and cost-effective option for incremental innovations.

Yes. A patent owner may assign rights to a third party (title transfer) or authorize exploitation through license agreements. Both must be recorded with IMPI to take effect against third parties. De Alva & Asociados advises on structuring license and technology transfer agreements that maximize the value of the inventor's rights.

The LFPPI provides that IMPI may grant exploitation licenses without the patent owner's consent in cases of national emergency, public security, public health, or anti-competitive practices. A compulsory license may also be granted if the patent has not been commercially exploited in Mexico without duly justified causes, within 3 years of grant or 4 years of filing, whichever occurs later.

Infringement occurs when a third party manufactures, uses, imports, offers for sale, or sells a patented product, or applies a patented process, without the owner's authorization, within Mexican territory and during the patent's term. Infringement may result in administrative liability before IMPI (fines, closures, market withdrawals) and civil liability for damages.

Mexico recognizes a 12-month grace period: if the inventor disclosed the invention within the 12 months preceding the filing date, that disclosure does not destroy novelty for IMPI purposes. However, this grace period does not apply in all countries, so filing before any public disclosure is strongly recommended.

Software as such is not patentable when claimed as an abstract computer program. However, a software-implemented invention — one that produces a concrete technical effect in an industrial process — may be patentable if properly claimed as a process or system with defined technical features.

The substantive examination is the technical analysis conducted by IMPI to determine whether the invention meets novelty, inventive step, and industrial applicability. The examiner may issue office actions raising objections. Under the 2026 reform, IMPI may issue a maximum of two substantive office actions, requiring strong and well-documented responses from the outset.

If the applicant does not respond within the granted period (generally 2 months, with a possible 2-month extension), the application will be deemed abandoned. An abandoned application may attempt rehabilitation within 3 months, but this is not always possible. De Alva & Asociados maintains strict deadline control to prevent loss of rights.

Mexico does not have a formal pre-grant patent opposition procedure (unlike Europe). However, within a 2-month term following publication of a patent application, any interested person may submit evidence before IMPI as to patentability. Post-grant actions are also available: a nullity request before IMPI (demonstrating that patentability requirements were not met) and judicial actions before the federal judiciary.

Nullity is the action requesting IMPI to invalidate a granted patent on the grounds that patentability requirements were not met at the time of filing. Grounds include lack of novelty, absence of inventive step, or non-patentable subject matter. Nullity may be total or partial (affecting only specific claims).

A patent protects the technical or functional aspects of a product or process. An industrial design protects only the ornamental or aesthetic appearance (a combination of figures, lines, or colors) applied to a product — its visual aspect — provided that design is not dictated by its technical function. Industrial design protection lasts 5 years, renewable up to 25 years.

An application benefiting from a priority right will not be affected, in connection with the state of the art, under any circumstance following the claimed priority's filing date. From the filing date, the inventor has provisional protection. However, until the patent is granted, no enforceable rights exist against infringers. Complementary protection through confidentiality agreements and controlled access to know-how is strongly recommended during pendency.

The patent process involves specialized technical and legal knowledge: claim drafting, description writing, responses to examination office actions, deadline management, and protection strategy. De Alva & Asociados has IMPI-registered agents with over 25 years of experience across pharmaceutical, biotechnology, mechanical, electrical, and software patent matters.

Copyright (derecho de autor) is the set of rights that Mexico's Federal Copyright Law (LFDA) grants to creators of literary, artistic, and scientific works, as well as related rights holders (performers, producers, broadcasters). It protects original works: books, music, software, paintings, photographs, films, architecture, databases, and more.

No. Copyright arises automatically from the moment a work is created and fixed in a tangible medium, without registration or any formality. However, registration with INDAUTOR (National Copyright Institute) is highly recommended as it establishes a presumption of authorship and facilitates proof in legal proceedings.

The Instituto Nacional del Derecho de Autor (INDAUTOR) is the decentralized agency of the Ministry of Culture responsible for administering Mexico's copyright system. Its functions include: registration of works, contracts, and legal acts related to copyright; mediation in disputes; supervision of collective management organizations; and promotion of the copyright system.

In Mexico, moral rights are perpetual and inalienable. Economic rights last for the author's lifetime plus 100 years from their death. For anonymous or pseudonymous works, protection lasts 100 years from disclosure. Related rights (performers, phonogram producers) have specific durations established in the LFDA.

INDAUTOR registration offers: (1) reliable evidence of authorship and creation date; (2) legal presumption of economic rights ownership; (3) ease of enforcing rights in judicial or administrative proceedings; (4) documentary basis for collecting royalties through collective management organizations.

INDAUTOR accepts registration of: literary works (books, articles, poems), musical works, dramatic works, dance works, pictorial and sculptural works, cartoons, architectural works, cinematographic works, computer programs, databases, photographs, applied arts, and contracts, licenses and assignments of copyright, among others.

Yes. Computer programs (software) are expressly protected by the LFDA as literary works, both in source code and object code. Protection arises from creation without registration, though registering with INDAUTOR is recommended for evidentiary purposes and licensing. Trade secret protection may complement copyright protection for software.

Moral rights protect the personal relationship between the author and the work: attribution, integrity, disclosure, and withdrawal. They are perpetual, inalienable, and non-waivable. Economic rights are financial: they allow the owner to authorize or prohibit reproduction, distribution, public communication, adaptation, and so on.

A copyright license is a contract through which the rights holder authorizes a third party to use the work under specifically agreed terms (type of use, territory, duration, exclusivity, compensation). A license is required whenever someone wants to use a protected work for economic profit, beyond the limits of statutory exceptions (personal use, quotation, etc.).

Graphic designs and digital art are protected by the LFDA as pictorial or applied art works from creation. If the design also meets distinctiveness requirements, it may additionally be registered as a trademark with IMPI. Dual protection (copyright + trademark) is a common strategy for logos and brand identity elements.

They are organizations that administer the economic rights of their members (authors, composers, performers, producers) before mass users such as radio, television, digital platforms, and commercial establishments. The main ones are SACM (music), SOGEM (dramatic works), SOMEXFON (phonograms), and CEMPRO (editorial publications).

An assignment is the transfer of economic rights from the author to a third party, which must be in writing. In Mexico, assignment may only be partial and limited: the author always retains moral rights (attribution, integrity), and economic rights not expressly assigned are presumed reserved to the author. General assignment of all future rights is legally restricted.

A work enters the public domain when the economic protection period expires (author's life + 100 years in Mexico). Works in the public domain may be freely used without paying royalties or requesting authorization, though the moral right of attribution to the original creator must always be respected.

You may file an administrative infringement action before IMPI, a criminal action before the Attorney General's Office (FGR) Specialized Unit on Copyright Crimes, or a civil lawsuit before the Federal Judiciary for damages. De Alva & Asociados has experience in anti-piracy actions, administrative seizures, and copyright litigation.

The droit de suite is the right of authors of plastic art works to receive a percentage of the proceeds from subsequent resales of their original works. The LFDA expressly recognizes this right, but its practical exercise requires the author to have agreed to it contractually or to manage rights through a collective management organization.

Characters may be protected through a rights reserve for exclusive use; characters with original and distinct features may also be protected as elements of a literary, audiovisual, or artistic work. Additionally, if the character name has a distinctive character, it may be registered as a trademark before IMPI. Combined protection (copyright + trademark) is the most robust strategy for entertainment and fictional characters.

Yes. Photographs are protected works under the LFDA from the moment of creation. The photographer has moral rights (attribution) and economic rights (reproduction, distribution, public communication). For commercial photography, it is essential to have contracts regulating the assignment or licensing of rights, as well as image rights releases for photographed individuals.

Plagiarism involves appropriating another's work or ideas and presenting them as one's own, violating moral rights (attribution). Economic infringement is the unauthorized use of a protected work (reproduction, distribution, etc.) for economic profit, without necessarily claiming authorship. Both have different legal consequences under the LFDA and the Penal Code.

Databases with original selection or arrangement of content are protected as compilations under the LFDA. While individual content may not be protected, the original structure of the database is. For high-investment databases, trade secret protection may also be considered as a complementary strategy.

Mexico does not adopt the Anglo-Saxon concept of fair use. Instead, the LFDA establishes a closed list of limitations and exceptions to copyright, such as quotation for informational, critical, or educational purposes; personal use; and reproduction for people with disabilities. Outside these exceptions, any use requires authorization.

A work's title is protected as an integral part of a work. If the title is sufficiently distinctive, it may also be registered as a trademark before IMPI. This dual strategy is particularly useful for franchises, series, and works with high commercial value.

Economic rights are transferred to the author's heirs for the remaining protection period (up to 100 years post mortem). Moral rights (attribution, integrity) are perpetual and may be exercised by the heirs to protect the author's memory and work. Copyright succession can be complex; it is advisable to include it in the author's estate planning.

The current LFDA requires the author to be a natural person to hold copyright. Works autonomously generated by AI without substantial human creative intervention are currently not eligible for protection. However, if a person makes creative decisions in the process, that person may be considered the author. This is a rapidly evolving area of law.

Register your works with INDAUTOR before publishing. Include copyright notices (©). Use clear license agreements when sharing content with third parties. Monitor unauthorized use. For infringements on digital platforms, use notice-and-takedown procedures or contact platforms directly. De Alva & Asociados advises on digital content protection strategies.

While INDAUTOR registration can be done directly, specialist legal counsel is essential to: identify which rights are most valuable for your business model, structure appropriate license and assignment agreements, and act effectively against infringements or piracy. De Alva & Asociados has over 25 years of experience protecting the creative rights of its clients in Mexico.

Mexico offers three main options: (1) administrative infringement proceeding before IMPI — fines, prohibition on marketing of goods, takedown of infringing content, business closure; (2) civil lawsuit for damages before the Federal Judiciary; and (3) criminal complaint before the FGR for industrial property offenses. The most effective strategy generally combines the administrative and civil routes simultaneously.

It is the process through which the owner of a trademark, patent, or other industrial property right reports an alleged infringement by a third party to IMPI. IMPI investigates, conducts inspections, may order provisional measures (seizure, temporary closure), and issues a resolution imposing administrative sanctions. It is the fastest avenue for obtaining swift action.

In proceedings before IMPI or the Federal Judiciary, you may request: seizure of infringing merchandise, suspension of infringing activities, temporary business closure, withdrawal of products from the market, takedown of website content infringing registered trademarks, and prohibition on use of the trademark or patented process. Preliminary injunctions are crucial for stopping immediate harm.

Administrative proceedings before IMPI may be resolved in 18 to 24 months. Civil judicial proceedings or appeals before the Federal Judiciary may take 2 to 5 years, depending on complexity. Amparo proceedings may further extend timelines. De Alva & Asociados pursues strategies to expedite dispute resolution wherever possible.

It is a lawsuit filed before a Federal District Court to claim economic compensation for damages caused by infringement. The LFPPI establishes a minimum compensation of 40% of the retail price of each infringing product or service, in addition to lost profits and actual damages.

An opposition is the mechanism to prevent registration of a trademark published in IMPI's Industrial Property Gazette that is identical or confusingly similar to a previously registered or pending trademark for the same or similar goods or services. It must be filed within one month of the application's publication. Constant monitoring of new applications is essential to protect your portfolio.

Nullity is an administrative litigation action before IMPI, intended to retroactively cancel all legal effects of a trademark registration or patent from the date of grant, when legal requirements were not met or third-party rights were invaded. For trademarks: similarity to prior marks, descriptiveness, bad faith. For patents: lack of novelty, absence of inventive step, excluded subject matter.

Any person with a legitimate interest may request IMPI to cancel a trademark that has not been used in Mexico for 3 consecutive years. The burden of proof falls on the registered owner to demonstrate effective use. It is a strategic tool to free up signs that block new trademark registrations. De Alva & Asociados has a high success rate in these actions.

Bad faith registration occurs when someone registers a trademark they know belongs to another, to prevent its use, extort the original owner, or capitalize on its reputation. In Mexico, it can be challenged through a nullity action on bad faith grounds — a specific ground under the LFPPI. De Alva & Asociados has experience recovering trademarks registered in bad faith.

The amparo is the constitutional protection mechanism against government acts that violate fundamental rights. In IP, it is used against IMPI, INDAUTOR, or lower court rulings considered to violate rights. It can suspend the effects of the challenged act. Mastery of the amparo process is fundamental in Mexican IP litigation practice.

A trademark or patent owner may request the National Customs Agency (ANAM) to detain allegedly counterfeit goods at the border. Preventive recordings with customs authorities and inspection procedures can lead to seizure of pirated products. De Alva & Asociados coordinates customs enforcement actions to protect its clients.

Administrative litigation is handled before IMPI (infringement, nullity, cancellation proceedings) — more agile, cost-effective, and resulting in administrative sanctions. Judicial litigation is handled before Federal Courts and the Federal Administrative Justice Tribunal, allows for civil compensation claims, and is more formal and lengthy. Both avenues are frequently combined for the best outcome.

Yes, provided the infringement occurs in Mexican territory or its effects are felt in Mexico. For cross-border e-commerce cases, specific mechanisms exist. De Alva & Asociados has experience in international IP litigation and can coordinate strategies with firms in other countries when the infringement is multinational in scope.

UDRP (Uniform Domain-Name Dispute-Resolution Policy) and LDRP (Local Dispute Resolution Policy for .mx domains) proceedings are handled before international arbitration centers (such as the WIPO Arbitration and Mediation Center) to recover domain names registered in bad faith by third parties (cybersquatting). De Alva & Asociados has experience filing and defending UDRP and LDRP claims before WIPO and other accredited centers.

The LFPPI establishes minimum compensation of 40% of the retail price of each infringing product or service, or 40% of the licensing value the owner could have charged. Additionally, actual damages (detection costs, legal fees) and lost profits may be claimed. Expert economic evidence is often required to substantiate the full damages claim.

To prove infringement you need: a valid trademark or patent registration certificate, evidence of infringing acts (photographs, samples, invoices, screenshots, witnesses), demonstration of confusing similarity with the infringing sign, and where applicable, evidence of economic damages suffered. The quality of evidence is decisive in the outcome of the proceeding.

It is a formal communication sent by the IP rights holder to the alleged infringer, demanding immediate cessation of infringing acts and, upon failure, the option to bring legal action. While not self-executing, in some cases it can resolve conflicts without litigation and establishes the infringer's knowledge of the rights (relevant for damages).

Trademark piracy and counterfeiting are criminal offenses under the Federal Penal Code. Actions include: criminal complaints before the FGR, seizure operations with ANAM support, administrative actions before IMPI, and coordination with municipal authorities for business closures. De Alva & Asociados has coordinated successful anti-piracy operations in Mexico City and other cities.

The TFJA (formerly the Federal Tax Court) has jurisdiction to process and resolve contentious trials (nullity appeals) against IMPI's final resolutions. It is the second instance before reaching the Federal Judiciary through amparo. Timelines typically range from 1 to 2 years. Its involvement is frequent in complex trademark and patent disputes.

The rights holder may: (1) use platform reporting mechanisms (Meta, TikTok, Instagram, Google) to remove infringing content; (2) request preliminary injunction measures or administrative infringement proceedings before IMPI for the takedown of infringing pages or fraudulent accounts; (3) initiate UDRP or LDRP proceedings to recover domain names; (4) file administrative complaints with IMPI or criminal reports with the FGR for e-commerce infringement. De Alva & Asociados advises on comprehensive digital protection strategies.

The LFPPI sanctions unfair competition acts related to IP: unauthorized use of distinctive signs, misleading advertising involving IP rights, disclosure of trade secrets, and acts causing consumer confusion about product origin. IMPI has jurisdiction to investigate and sanction these conducts.

Yes. Both IMPI and the Federal Judiciary may grant urgent interim measures (ex parte, without hearing the infringer) when there is a risk of irreparable harm. IMPI's provisional measures procedure can be initiated within hours, especially at trade fairs, events, or flagrant infringement situations. Speed in filing the request is critical.

The IP attorney is key to: valuing the IP rights to be licensed, negotiating royalty clauses, exclusivity, territories, sublicensing and termination provisions, ensuring the contract is valid and recordable with IMPI, and protecting the rights holder against breaches. De Alva & Asociados has extensive experience negotiating and drafting license and technology transfer agreements.

If IMPI rules against you as the complainant, you may challenge the resolution before the TFJA and subsequently through amparo before the Federal Judiciary. If you are the respondent and the resolution sanctions you, you equally have the right to challenge it. Appeal deadlines are short (15 or 30 days depending on the avenue), so acting quickly with specialized counsel is essential.

IP litigation in Mexico combines specialized technical knowledge, mastery of proceedings before IMPI, INDAUTOR, the TFJA, and the Federal Judiciary, plus business strategy. A specialized firm like De Alva & Asociados — recognized by Chambers & Partners, Legal 500, and World Trademark Review — maximizes the probability of success and minimizes legal and economic risk for the client.