Guide to Trademark Registration and Maintenance in Mexico (2026)

Overview

Mexico is one of the largest trademark filing jurisdictions in the world — ranked 14th for applications submitted and 7th for trademarks in force. For foreign companies entering the Mexican market or foreign law firms managing international portfolios, understanding how the Mexican trademark system works is essential.

This guide covers the full trademark lifecycle in Mexico: filing requirements, prosecution, registration, declarations of use, renewals, Madrid Protocol considerations, and enforcement options. It reflects the current legal framework as of April 2026, including the reforms to the Federal Law for the Protection of Industrial Property (LFPPI) published on April 3, 2026.

First-to-File System

Mexico grants trademark rights to the first person to file an application — not the first to use the mark in commerce. Prior use generally does not create enforceable rights.

This means that foreign companies should register their marks in Mexico before entering the market, launching products, or announcing their presence.

Registrable Marks

IMPI accepts applications for the following types of marks: word marks (nominative), figurative marks (design only), mixed marks (word + design), three-dimensional marks (product shape or packaging), sound marks, scent marks, holograms, and trade dress.

Filing Requirements

The minimum requirements to file a trademark application and obtain a filing date are:

• A signed application using IMPI's standard form.
• Applicant information (name, address, nationality).
• A description of goods and/or services classified under the Nice Classification.
• Payment of official filing fees.

The applicant may declare a date of first use of the mark in Mexico, but this is not mandatory. A power of attorney is not required to be filed with the application.

Foreign applicants must be represented by an attorney with domicile in Mexico. This requirement applies to filing, prosecution, maintenance, and generally any interaction with IMPI.

Single-Class System

Mexico does not allow multi-class applications. Each Nice class requires a separate application with its own filing fee. This is one of the most important structural differences for practitioners accustomed to multi-class systems.

Madrid Protocol international registrations designating Mexico that cover multiple classes are automatically divided into individual national applications — one per class — each with its own examination, registration date, declaration of use deadline, and renewal date.

This has significant implications for portfolio management: a single international registration covering five classes generates five separate national registrations in Mexico, each requiring independent monitoring.

Priority Claims

An applicant claiming priority under the Paris Convention must provide the filing date, application number, and country of origin. The priority claim must be filed within six months of the priority date. Additional fees apply.

Prosecution

After filing, a trademark application passes through the following stages:

1. Formalities examination. IMPI verifies that the application meets formal requirements and that the goods/services description is properly classified.
2. Publication and opposition period. The application is published in IMPI's Official Gazette within 10 business days of filing. Any person with a legitimate interest has one month from publication to file an opposition. No extension of this deadline is permitted.
3. Substantive examination. IMPI examines registrability on both absolute grounds (distinctiveness, descriptiveness, deceptive character) and relative grounds (prior rights on record). If the examiner identifies an obstacle, IMPI issues a single office action (oficio) that may include formality requirements, substantive objections, and any oppositions filed — all in one communication.
4. Response period. The applicant has two months to respond to the office action, with an automatic two-month extension available (total maximum: four months). Failure to respond within this period results in abandonment of the application.
5. Resolution. If no obstacles remain, IMPI grants the registration and issues the certificate. No additional grant fee is required.

Timeline

Straightforward applications are typically resolved within 4 to 8 months. Applications facing office actions or third-party oppositions may take 12 to 18 months.

Office Actions — Common Obstacles

The most frequent obstacles encountered during prosecution are:

Prior mark citations (citas de anterioridad). IMPI identifies an existing registration or pending application that it considers identical or confusingly similar. Strategies for overcoming this obstacle include: arguing phonetic, visual, and conceptual differences; demonstrating that the goods/services are sufficiently distinct; limiting the goods/services description; negotiating a coexistence agreement with the cited mark's owner; or filing a cancellation action against the cited mark for non-use.

Distinctiveness objections. IMPI considers the mark to be descriptive, generic, or lacking distinctive character. Responses may include arguments on inherent distinctiveness or evidence of acquired distinctiveness through use (secondary meaning).

Third-party oppositions. A competitor or other interested party has filed an opposition arguing that the applied-for mark conflicts with their rights. The applicant must address the opponent's arguments in the response to the office action.

Registration and Rights Conferred

A granted registration gives the owner the exclusive right to use the mark in Mexico for the goods and services covered by the registration. The owner can enforce the mark against infringers, license it to third parties, and use the ® symbol.

Declaration of Use

This is the single most important post-registration obligation that foreign trademark owners must understand.

The owner must file a declaration of actual and effective use of the mark with IMPI within three months following the third anniversary of the registration grant date. This deadline is non-extendable. If the declaration is not filed, the registration is automatically cancelled — with no prior notice from IMPI and no possibility of reinstatement.

This requirement applies to all registrations granted since August 10, 2018.

The declaration must state that the mark has been used in Mexican commerce for the goods or services covered by the registration. It is possible to limit the goods/services at this stage if the mark is not being used for all items originally registered.

For Madrid Protocol registrations: The declaration of use must be filed within three months following the third anniversary of the grant of protection in Mexico for each national registration (one per class). This deadline is independent of the international registration's filing or renewal date. Additionally, a declaration of use must be filed within three months following WIPO's notification to IMPI of the international registration's renewal.

Foreign trademark owners should designate a local attorney to monitor these deadlines. IMPI does not issue reminders or notifications — the obligation is entirely the owner's responsibility.

Renewal

Registrations are valid for ten years from the grant date. Renewals may be filed from six months before to six months after the expiration date. Each renewal must be accompanied by a declaration of use.

Due to legislative changes over time, the starting point for the ten-year term may vary depending on when the mark was registered (filing date vs. grant date). It is essential to verify the exact expiration date for each registration.

Registrations are renewable indefinitely for consecutive ten-year periods. Failure to renew within the permitted period results in automatic cancellation.

Enforcement

Registered trademark rights in Mexico are enforceable through:

• Administrative infringement actions before IMPI. The primary enforcement route. IMPI can impose fines, order the seizure and destruction of infringing goods, suspend the infringer's activities, and award damages.
• Preliminary injunctions. IMPI can order the withdrawal of infringing products from the market, seizure of goods, and suspension of activities before the case is decided on its merits. The rights holder must post a bond.
• Oppositions. Filing an opposition during the one-month publication window is the most efficient way to prevent a conflicting mark from being registered.
• Nullity actions. A registration obtained in violation of the law can be challenged through nullity proceedings. The deadline is five years from the grant date (no time limit for bad-faith registrations).
• Cancellation for non-use. A registration that has not been used in Mexican commerce for three consecutive years can be cancelled at the request of an interested party.