Trademark Registration

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.