TRADEMARK APPLICATION FILING IN
Mexico

The Mexican Institute of Industrial Property (IMPI) is the authority responsible for examining, granting, and managing trademarks and other intellectual property rights in Mexico. IMPI also operates the Gob.mx platform (online portal of the Mexican government), which supports innovation, improves government efficiency, and provides access to public resources and participation tools. Mexico follows a first-to-file system for trademark protection and all applications must comply with the Federal Law for the Protection of Industrial Property (Ley Federal de la Propiedad Industrial).

The trademark registration before the Mexican Institute of Industrial Property (IMPI) can either be filed through the online portal or via offline mode.  

Multi-class applications are not allowed by the Mexican Institute of Industrial Property (IMPI); it has a single-class system.

The requirements for filing a trademark application are as follows:

• Name, nationality, and address of the applicant;
• Mark representation (logo/device/word, etc.);
• Descriptions of goods and/or services;
• Submission of co-ownership documents (if any);
• Certified priority document*;

*If priority is being claimed, a Certified Priority Document number, country filing, and date must be submitted.

The process of registering a trademark in Mexico begins with the submission of the application before the Mexican Institute of Industrial Property (IMPI). Once the TM application is filed, the application undergoes a formal examination to ensure it meets all the required standards. Following this, the application is subjected to a substantive examination based on absolute grounds for refusal, where examiners assess the trademark's eligibility for registration. If any issues or discrepancies are identified during the evaluation, the IMPI will notify the applicant and provide a two-month time to reply to the issued office action/examination report. If no issues are found, or once corrections are made, the application moves forward, and the trademark is then published in the Official Gazette, initiating a 10-day opposition period. During this time, third parties have the opportunity to raise objection/opposition to the application.

If no opposition is filed within said timeline, or if opposition is resolved in favour of the applicant, the trademark is officially registered, and a registration certificate is issued.

The opposition proceedings begins when an opponent files a notice of opposition. The applicant will receive the notice, and the IMPI will assess the admissibility. The applicant will be given a chance to reply to the appropriate authorities, challenge any initial denial, and file a court appeal of any subsequent denial of trademark registration. The IMPI will then make a decision on whether to accept or reject the application.

A trademark registration in Mexico is valid for a period of ten years. The trademark must be renewed before the end of the current term to maintain protection for an additional ten years.

However, if the renewal is not submitted on time, it can still be processed within six months after the expiration date with the required fee(s).

A registered trademark must be actively used within five years of its registration. If the trademark is not used continuously during this period, it may be subject to cancellation following a request from a third party.

Typically, the trademark registration process in Mexico takes between four to five months in straightforward cases.

Mexico is increasingly emerging as a key player in the global Intellectual Property Rights (IPR) landscape. As per the 2023 WIPO statistics data, the country demonstrated remarkable growth in trademark activity. Overall trademark filings in Mexico grew by 11.1%, driven by a 10.9% increase in domestic applications and a 13.8% rise in foreign filings. Notably, international applications via the Madrid System also grew by 15.4%, underscoring Mexico’s strengthening presence in the international IP arena. Major economies such as the United States, China, Germany, United Kingdom, and Spain have increasingly filed trademark applications in Mexico highlighting the country’s growing relevance and reliability in intellectual property protection.