How to register a trademark in Mexico? A guide for businesses

In this article we will explain what trademark registration is, its importance, what is needed to register it in Mexico, and how we can help you achieve it successfully.

Registering your trademark not only protects your rights, but also ensures that no one else can use your brand name, logo, or distinctive sign without your authorization.

Trademark registration

A trademark is any perceptible and representable sign used to distinguish products or services in the market. Registering a trademark involves filing an application for protection with the Mexican Institute of Industrial Property (IMPI). If granted, the owner obtains the exclusive right to use the trademark for 10 years, with the possibility of renewal (requiring a notice of actual use 3 years after its granting).

Why is registering your trademark important?

Registering your trademark grants you the exclusive right to use it on specific products. This means that no one else can use your logo, trade name, trade dress, sound, or any similar element without your consent. Failing to register your trademark exposes you to significant legal risks, such as:

• Fines exceeding one million dollars if another holder feels affected.

• Claims for damages, where you could lose up to 50% of the income earned.

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What happens if I don't register my trademark?

By not registering your trademark, you run the risk that:

1. If a similar trademark is registered, the owner could demand penalties, including fines and compensation payments.

2. If no similar trademark is already registered, anyone could apply for it and obtain exclusive rights, leaving you with no possibility of use.

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What are the first steps to register a trademark in Mexico?

These are the first steps to apply for trademark registration in Mexico:

1. Define who will be the owner or co-owners (in case two or more people are going to share the co-ownership of your registration).

2. Choose the distinctive sign you want to register.

3. Define the type of trademark you wish to register : Word mark, unnamed mark, olfactory mark, mixed mark, certification mark, three-dimensional mark, etc.

4. Select the products or services you wish to protect.

5. Define the classes in which you want to seek protection.

6. Perform a check of brand availability.

   
   

What can be registered as a trademark?

Elements such as the following can be recorded:

• Names, letters, numbers, shapes and colors.

• Three-dimensional shapes, sounds, smells, and combinations of these.

• Proper name of a natural person (not to be confused with another registered trademark).

• The mix of image elements that distinguish products and services. For example: packaging or labels.

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What cannot be registered as a trademark?

The following items are not registrable:

• Technical or generic names.

• Public domain forms or designs.

• Shields, flags and emblems of countries or organizations.

• Designations of origin.

• Descriptive or misleading elements, among others.

How do I register my word mark (words) or combined mark (words with designs/logos) online with the IMPI? Step by step

1. Define the name and/or logo and select the products or services you want to protect.

2. Identify the corresponding class(es) in the Nice International Classification .

3. Perform a preliminary search to verify that there are no similar brands in Marcanet or Marcia .

4. Create an account on the IMPI website ( https://eservicios.impi.gob.mx/seimpi/ ) and fill out the online form. You will need the owner's information, address, and a list of products or services.

5. Pay and sign the application with your CURP or FIEL. The IMPI will automatically issue you a payment receipt.

6. Once the registration is granted, the IMPI will publish it in the industrial property gazette; however, the issuance of the corresponding title will be notified through the online mailbox (linked to the account that made the application).

   
   

The trademark registration process takes around 6 to 12 months, and you can track its progress on the IMPI platform, Marca en Línea (according to its rules of use).

Benefits of hiring BLP to register your trademark

Registering a trademark can be a complex process, and to avoid mistakes, BLP offers the following benefits:

• Expert legal advice : our team guides you through every step and analyzes the feasibility of registering a trademark or trade name.

• Specialization in companies, startups and SMEs : solutions tailored to your needs.

• Fixed rate : no surprise hourly costs.

• Comprehensive care : support throughout the registration and renewal process.

Frequently asked questions about trademark registration

How much does it cost to register a trademark with IMPI through BLP?

The cost is $5,000 MXN + VAT + Fees per class and/or registration, including feasibility study and processing.

Come to us and get your brand without complications through BLP.

How long does it take to register a trademark?

The process usually takes between 6 and 12 months.

Does trademark registration in Mexico have international validity? No, registration only protects in Mexico. For protection in other countries, international registration must be obtained.

However, there are mechanisms such as the Madrid Protocol that allow you to easily register your trademark in multiple jurisdictions.

At BLP we can help you register your trademark not only in Mexico, but in other countries as well.

How long is a trademark registration valid for?

In accordance with the Industrial Property Law (Federal Law for the Protection of Industrial Property), the registration is valid for 10 years and may be renewed. A notice of use must be submitted every 3 years to maintain its validity.

At BLP, we guide you step by step to ensure a successful and hassle-free registration.

Can I grant a license to use my trademark to third parties?

Yes, at BLP we can help you grant usage licenses to third parties and register them with the IMPI.

Does BLP provide legal advice for the execution of franchise agreements?

Yes, at BLP we advise you on drafting, negotiating and executing franchise agreements, as well as registering them with the IMPI.

Ready to register your trademark with the IMPI?

Contact us today and ensure your brand is legally protected.