Find out how to register a trademark in Mexico and protect your brand and unique designs for the benefit of your company. If you are considering company formation in Mexico, you must follow the trademark registration process which includes carrying out a thorough search to ensure your distinctive signs are unique and eligible for exclusive use. Additionally, registering a trademark can enhance a company’s reputation and credibility, reassuring consumers of the authenticity and quality of their products or services.
Mexico is a strong, globalized economy, with a population of 131 million people and a consistent growth rate. It is the second largest economy in Latin America after Brazil. In 2022, Mexico’s GDP was ranked 14th in the world. In terms of foreign direct investment, Mexico was ranked the 11th largest global recipient, with inflows of over USD$35 billion. Its strong adherence to international norms means that if you register a trademark in Mexico, this will carry weight.
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Over recent decades, Mexico has become a high-growth economy with an attractive environment for business. Entrepreneurs in Mexico create an average of 35,000 businesses monthly, in key sectors such as financial services, health, information and communication technologies, and education. With the speed that new companies are being created, there is a considerable risk that a third party may try to target your brand or IP. For this reason, it is important to protect your company assets and register a trademark in Mexico.
Definition of a trademark in Mexico
According to Mexico’s Industrial Property Law, a trademark is any graphic sign that is perceptible by our senses and capable of being protected for exclusive use. A trademark distinguishes products or services from others of a similar type or class in the market. You have 10 years to use a trademark before you need to ratify your registration.
Acceptable elements for a trademark
In order to create the design of your Mexican trademark, Mexico’s Industrial Property Law lays out the following elements that a trademark can include:
- Combination of colors, letters or numbers
- Three-dimensional shapes
- Company name
- Personal name
- Sounds
- Aromas
- Product decoration, packaging, shape or size
Check the Nice Classification to choose the most suitable classes for your product or service.
Renewal process
To renew a trademark registration, the owner should submit a request within six months before the term expires. However, the Institute will also process applications filed within six months after the expiration. In the renewal application, the holder must declare the genuine and effective use of the trademark, specify the products or services it covers, and pay the relevant fee. The registration’s protection will extend only to the declared goods or services.
Our recommendation: Working with an experienced trademark attorney is crucial to successfully secure the registration process and increase the chances of a favorable outcome. At the same time, it is recommended to monitor the trademark once registered to detect any unauthorized use or infringement, which will allow you to act quickly to safeguard your trademark rights.
6 Steps to register a trademark in Mexico
There are 6 key steps to follow when registering a trademark in Mexico.
- Step 1 – Carry out a trademark search in Mexico.
- Step 2 – Apply to register your trademark in Mexico.
- Step 3 – Evaluation of your trademark application.
- Step 4 – Publication in the gazette.
- Step 5 – Receiving comments from third parties.
- Step 6 – Application approval.
The process can take between 6-8 months.
Foreign companies must seek the support of a local agent to submit their application.
1. Carry out a trademark search in Mexico
Perform a trademark search on Mexico’s IMPI website MARCIA. This search will help you rule out the possibility that your trademark bears any similarity with other trademarks previously registered in Mexico.
Performing a trademark search is a crucial step for all companies seeking to register a trademark in Mexico. Ensuring your distinctive sign(s) are unique and available ensures a smooth application process with minimal delay.
We recommend that you seek experienced legal support who can conduct a thorough trademark search in Mexico to ensure that you can present a well-researched application.
2. Apply to register your trademark in Mexico
Once you perform your trademark search and find no distinctive signs that are similar to yours, you can apply for the registration of your trademark in Mexico. To complete this process, you need to create an account in the IMPI electronic platform (PASE), and have an electronic signature and Unique Population Registry Code (CURP).
Once logged in to this platform, you can select the trademark registration menu and fill in all the required information about your trademark. Note that you must file an individual application per Nice class.
The payment of registration fees is required upon submission of the application. The fees to register a trademark in Mexico are around USD$200 per Nice class.
3. Evaluation of your trademark application
The Mexican Institute of Industrial Property will study your application and respond within a period of approximately 8-10 months. During this time, the IMPI may contact the applicant to ask for more information about their trademark.
4. Publication in the gazette
The IMPI must publish your application in the Information System of the Industrial Property Gazette (SIGA) within 10 days of receiving it. This gives third parties the opportunity to comment on your application. They have one month after publication to do so.
5. Receiving comments from third parties
If there are similarities between the pending application and another registered trademark, or if a third party comments on your application after its publication in the SIGA, the IMPI may ask you to modify your application. It is therefore crucial that you conduct careful research before submitting your application.
6. Application approval
Once they have confirmed that your application is unique, the IMPI will approve your trademark.
Your trademark remains valid for 10 years from the date the application is submitted and can be renewed for periods of the same duration after the initial registration.
Commonly Asked Questions on Trademark Registration in Mexico
Based on our extensive experience these are some common questions from clients registering a trademark in Mexico:
1. What are the requirements to register a trademark in Mexico?
- The Applicant`s Contact Information (Business name, business ID number, country of incorporation, phone number, office address, email address, etc.).
- Determine the class of your products/services to be registered in the International (Nice) Classification of Goods and Services.
- A detailed description of the brand, its origin, design, general description, and business activity.
- The date at which you commenced using your brand commercially.
- If you wish to register your logo along with your brand, we request that you provide the logo in JPG format.
2. How long does it take to register a trademark in Mexico?
The timeframe to register a trademark is 6 – 8 months, provided there is no opposition from third parties.
3. How long is a trademark registration valid in Mexico?
A trademark registration in Mexico is valid for 10 years from the filing date and can be renewed indefinitely for subsequent ten-year periods.
4. Can foreign companies register trademarks in Mexico?
Yes, foreign companies may register trademarks in Mexico by filing an application through a local representative or attorney authorized to practice before the Mexican Institute of Industrial Property (IMPI).
5. How much does it cost to register a trademark in Mexico?
Approximately USD$200 per Nice class, but this may vary.
6. Can I renew my trademark indefinitely?
No, renewals must be done every ten years.
7. What is a trademark search in Mexico?
A trademark search in Mexico is undertaken to confirm within the chosen jurisdiction the commercial existence of the name in use.
8. What are the steps to register a trademark in Mexico?
There are 6 key steps to follow when registering a trademark in Mexico.
- Step 1 – Carry out a trademark search in Mexico.
- Step 2 – Apply to register your trademark in Mexico.
- Step 3 – Evaluation of your trademark application.
- Step 4 – Publication in the gazette.
- Step 5 – Receiving comments from third parties.
- Step 6 – Application approval.
Biz Latin Hub can help you register a trademark in Mexico
If you want to register a trademark in Mexico, it is best to work with an experienced team to help you in the process. Legal processes can be complex, and regulatory compliance is an obstacle if you are growing your company and aren’t sure about local laws.
The highly experienced Biz Latin Hub team can assist you and your business in navigating the legal, financial and commercial representation needs and laws governing Mexico’s commercial environment, and other economic powerhouses in Latin America.
Contact us today to get personalized support for your business’ unique designs and market entry needs today.
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