Types of Trademarks in Mexico: A Guide for Business Owners (2025)

1. Introduction

Mexico, the world's 15th largest economy, represents a significant opportunity for international businesses in 2025. With its strategic location, skilled workforce, pro-business policies, and expanding consumer base, Mexico continues to attract global entrepreneurs seeking to establish or expand their market presence.

As competition intensifies in this dynamic market, securing trademark protection has become essential for businesses concerned with:

• Maintaining brand integrity in a growing economy

• Preventing counterfeiting and unauthorized use

• Creating a foundation for long-term market presence

• Building consumer trust and recognition

• Securing a competitive advantage in a crowded marketplace

Recent legislative changes have significantly modernized Mexico's trademark system, creating new opportunities for brand protection through both traditional and innovative non-traditional trademarks. These developments make Mexico's intellectual property landscape more accessible and comprehensive than ever before.

This guide explores the various types of trademarks available in Mexico, the registration process, common challenges, and strategic approaches to secure your brand in this important market. Whether you're planning to enter Mexico or already operating there, understanding these trademark options is essential to your brand strategy and long-term success.

2. What Is a Trademark Under Mexican Law?

Under Mexican law, a trademark is traditionally defined as a visible sign that distinguishes products or services from others of the same kind or class in the market. However, with recent legal reforms, this definition has expanded to include any sign perceptible by the senses, broadening the scope of protection available to brand owners.

A trademark serves as a unique identifier, helping consumers recognize and associate goods or services with a specific brand. To gain exclusive rights over a trademark in Mexico, registration with the Mexican Institute of Industrial Property (IMPI) is required.

This legal protection prevents unauthorized third parties from using identical or confusingly similar marks in the same commercial sector, creating a valuable business asset that can be:

• Licensed to others for revenue generation

• Used as collateral for financing

• Sold or transferred to another business

• Enforced against counterfeiters and infringers

• Renewed indefinitely as long as it remains in use

Importantly, Mexico operates under a first-to-file system, meaning trademark rights are granted to the first person or entity to file a registration application, regardless of prior use. This differs from common law systems like the United States, where rights can be established through use without registration.

3. Overview of Mexican Trademark Law (Updated Post-2023)

3.1 Key Legislative Changes

Mexico has modernized its trademark regime significantly in recent years, with the most impactful changes stemming from the Federal Law for the Protection of Industrial Property (FLPIP), which became effective in late 2020. This law, along with earlier reforms implemented in 2018, has transformed Mexico's intellectual property landscape.

The most significant changes include:

3.2 IMPI Procedural Updates

The Mexican Institute of Industrial Property (IMPI) has implemented several procedural changes that affect how international businesses interact with the trademark system:

• Electronic Filing Enhancements: IMPI's PASE online system now handles all trademark filing needs with improved functionality, reducing paper-based applications.

• Digital Certificates: Digital trademark certificates are now issued, accelerating the final step of registration.

• Streamlined Examinations: IMPI has worked to reduce examination timeframes, though they still average 6-8 months for most applications.

• Virtual Hearings: Procedural meetings and some hearings can now be conducted virtually, benefiting international applicants.

• Provisional Refusal Handling: For Madrid Protocol applications, IMPI has improved its handling of provisional refusals with clearer explanations and response pathways.

• Publication Timelines: Applications now progress to publication in the Gazette more quickly, allowing for earlier opposition periods.

These procedural updates, combined with the legislative changes, have created a more efficient and transparent trademark system, though international applicants should still be prepared for certain unique aspects of the Mexican process.

3.3 Trademark Filing Trends in Mexico

Trademark activity in Mexico has shown robust growth, even during global economic fluctuations. Understanding these trends can help international businesses contextualize their IP strategy:

Direct IMPI Filing (66%) Madrid Protocol (34%) Source: IMPI & WIPO Statistics (2023-2024)

By classes and sectors, several trends emerge:

• Service-heavy filing: Service classes account for over half (approximately 51%) of all trademarks filed in Mexico.

• Popular classes include:

  • Class 35 (business services)

  • Class 42 (technology services)

  • Class 9 (technological devices and software)

  • Class 5 (pharmaceuticals)

  • Class 25 (clothing)

• Emerging sectors: Fintech, artificial intelligence, and digital goods (including NFTs and virtual products) are driving new trademark applications.

4. Types of Trademarks in Mexico: Traditional vs. Non-Traditional

Mexico recognizes a diverse range of trademark types, categorized as either traditional or non-traditional. Each type has distinct guidelines and considerations for registration.

4.1 Traditional Trademarks

Word Marks

Word marks consist of letters, numbers, or words without any specific design elements. These are the most common and straightforward type of trademark registration.

Example: "Bodega Aurrera," the well-known Mexican supermarket chain's name, is registered as a word mark, protecting the name itself regardless of font or styling.
 

Figurative Marks

Figurative marks (also called design marks or logos) include symbols, graphics, or images without words. To qualify for registration, these visual elements must be distinctive.

Example: The crown logo of Corona beer is a widely recognized figurative mark that is protected independently of the brand name.
 

Composite Marks

Composite marks combine both word and figurative elements. Both components should be distinctive for optimal protection, though registration protects the combined presentation.

Example: Chivas Regal's combination of its word mark and heraldic logo represents a composite mark, protecting the overall branded presentation.
 

Three-Dimensional Marks

Three-dimensional marks protect distinctive product shapes, packaging, or containers. To qualify, the 3D shape must not be functional or dictated by technical necessity, and must not be a common shape in the relevant industry.

Example: The distinctive bottle shape of José Cuervo tequila is protected as a three-dimensional mark, preventing competitors from using a similar bottle design.

4.2 Non-Traditional Trademarks

With the 2018 and 2020 amendments to Mexico's industrial property laws, non-traditional trademarks became eligible for registration. These marks go beyond visual elements to include sensory characteristics that distinguish products and services:

Non-Traditional Trademark Applications In Mexico

Sound Marks

Sound marks consist of unique auditory elements that identify a product or service. These can include jingles, specific tones, or distinctive sounds associated with a brand experience.

Example: Grupo Gran Café de la Parroquia de Veracruz successfully registered the distinctive sound of a metal spoon tapping a glass, a signature element of their coffee service ritual.

Scent Marks

Scent marks use distinctive fragrances to identify products. While challenging to register due to representation requirements, several have been successfully registered in Mexico.

Example: Hasbro, Inc. registered the distinctive smell of their Play-Doh modeling clay, described as a sweet, vanilla-like dough scent that consumers associate specifically with their product.

Trade Dress/Commercial Image

Trade dress protects the overall visual appearance or image of a product or service, including its packaging, décor, or presentation that identifies its source.

Example: Designer Germán Flores registered a decorative pot in the form of a figurine as a commercial image mark, protecting the distinctive aesthetic design of his product.

Holographic Marks

Holographic marks consist of images that change when viewed from different angles. These can provide unique visual identifiers for products and are explicitly registrable under Mexican law.

While fewer in number (only 8 applications were reported by 2019), holographic marks represent an innovative way to distinguish products in the marketplace.
 

Motion Marks

Though not explicitly named in the statute, motion marks (animated logos or sequences) have begun to receive acceptance by IMPI on a case-by-case basis. These can be represented through a series of images showing the sequence.

Early precedents suggest that as long as the mark can be clearly represented and meets distinctiveness criteria, motion marks can be protected in Mexico.

4.3 Trademarks That Cannot Be Registered

Despite Mexico's expanded trademark system, certain signs remain unregistrable:
 

4.4 Case Studies of Successful Registrations

Play-Doh's Scent Mark (Hasbro, Inc.)

Hasbro successfully registered the distinctive scent of its Play-Doh modeling clay in Mexico, a significant achievement for non-traditional marks. The company provided a clear description of the fragrance (a unique blend of sweet, vanilla, cherry, and natural dough scents) and demonstrated that consumers strongly associate this scent with their product. This registration showcases Mexico's openness to protecting sensory brand elements when properly documented and distinctive.

Café de la Parroquia's Sound Mark

The Mexican coffeehouse Gran Café de la Parroquia secured rights to the distinctive sound of a spoon tapping a glass, which is used in their traditional coffee service. By registering in multiple relevant classes and demonstrating the cultural recognition of this sound, they protected a key sensory element of their brand experience. This case illustrates how local and traditional business practices can receive IP protection under Mexico's expanded trademark system.

José Cuervo's Bottle Shape

The distinctive bottle shape of José Cuervo tequila is protected as a three-dimensional mark. This registration prevents competitors from using a similar bottle design, securing an important visual brand element. The success of this registration demonstrates how product packaging that is not functionally necessary can become a valuable protected trademark.

Coca-Cola's Sound Mark Application

The Coca-Cola Company filed to protect the distinctive sound of a Coca-Cola bottle being opened and fizzing. This application showcases how global brands are extending their trademark portfolios in Mexico to include acoustic branding elements. Such sound marks add another dimension to brand protection, especially for products with recognizable consumption experiences.

5. The Trademark Registration Process in Mexico

Registering a trademark in Mexico involves several key steps. Applicants can choose between two main routes: direct filing with IMPI or international registration through the Madrid Protocol.

Trademark Registration Process in Mexico

5.1 Registration Through IMPI

Direct filing with the Mexican Institute of Industrial Property (IMPI) is often the preferred method for businesses primarily focused on the Mexican market. The process follows these steps:

1. Conduct a Comprehensive Trademark Search

   • Check IMPI's database (MARCANET) to ensure your trademark isn't already registered or confusingly similar to existing marks

   • This preventive step helps avoid costly rejections and potential legal disputes

2. Prepare Your Application

   • Decide whether to register a word mark, logo, or both

   • Identify the correct Nice Classification for your goods or services

   • Remember that Mexico follows a single-class system, so each class requires a separate application

3. File the Application via IMPI's PASE System

   • Submit your application online through IMPI's electronic platform

   • Foreign applicants must appoint a local legal representative

   • No Power of Attorney is needed at the time of filing, though it may be requested later

   • Pay the applicable filing fees

4. IMPI's Examination Process (Approximately 6-8 months)

   • Formal Examination: Ensures the application meets all technical requirements

   • Substantive Examination: Checks for conflicts with existing trademarks and other substantive issues

   • Publication in the Gazette: Allows third parties to oppose the trademark within one month

5. Approval & Registration

   • If no objections arise or if objections are overcome, IMPI grants registration

   • The trademark is valid for 10 years from the application date and renewable indefinitely

6. Mandatory Declaration of Use

   • Within three years of registration, you must file a Declaration of Actual and Effective Use (DAU)

   • Failure to file this declaration will result in automatic cancellation

7. Maintain & Renew Your Trademark

   • If the trademark remains in use, it can be renewed every 10 years

   • Maintain records of use to avoid challenges or cancellation for non-use

 

5.2 Registration Through the Madrid Protocol

The Madrid Protocol offers an alternative route for international businesses seeking protection in multiple countries, including Mexico. This system allows trademark owners to file a single international application designating various member countries:

1. Base Registration or Application

   • You must have a trademark application or registration in your home country (the Office of Origin)

2. International Application

   • File through your national IP office, designating Mexico among your target countries

   • The application is forwarded to the World Intellectual Property Organization (WIPO)

3. WIPO Formal Examination

   • WIPO checks for compliance with Madrid Protocol requirements

   • If approved, the mark is recorded in the International Register and published in the WIPO Gazette

4. IMPI Examination

   • IMPI receives notification of the international registration designating Mexico

   • The application undergoes substantive examination according to Mexican trademark law

   • IMPI has 18 months to issue a provisional refusal if there are grounds for rejection

5. Response to Provisional Refusals

   • If IMPI issues a provisional refusal, you must respond through a local Mexican representative

   • The response must address all objections raised by IMPI

6. Registration and Maintenance

   • If no refusal is issued or if objections are overcome, protection is granted in Mexico

   • The international registration is valid for 10 years and renewable centrally through WIPO

   • The Declaration of Use requirement still applies in Mexico at the 3-year mark

5.3 IMPI vs. Madrid: A Comparison

Feature	Direct IMPI Registration	Madrid Protocol
Application Process	Single application filed directly with IMPI	International application designating Mexico (among other countries)
Processing Time	Generally 6-8 months	Can be longer (up to 18 months for examination)
Cost	Single filing fee per class	Base fee plus designation fees for each country
Local Representative	Required for foreign applicants	Only required if provisional refusal issued
Dependency Period	No dependency on other registrations	5-year dependency on base registration
Renewal	Direct with IMPI every 10 years	Centralized through WIPO every 10 years
Declaration of Use	Required after 3 years	Required after 3 years (Mexico-specific requirement)

In 2023, approximately 34% of all trademark registrations in Mexico came through the Madrid System, while 66% were filed directly with IMPI. This split reflects the practical benefits of both routes, depending on a business's specific needs and global trademark strategy.

6. Common Challenges in Mexican Trademark Registration

Registering a trademark in Mexico can present several challenges, especially for foreign businesses unfamiliar with the local system. Understanding these potential obstacles can help international entrepreneurs prepare effective registration strategies.

6.1 Common Grounds for Rejection

IMPI may refuse trademark applications for various reasons. The most frequent grounds for rejection include:

Likelihood of Confusion

The most common reason for rejection is when a proposed mark is deemed too similar to an existing registered mark in appearance, sound, or meaning. If IMPI determines that the similarity would likely confuse consumers about the source of goods or services, the application will be refused.

Example: An application for "TeknoMex" might be rejected if there's an existing registration for "TecnoMex" in the same or related class, as consumers could confuse the two brands.
 

Lack of Distinctiveness

Marks that are generic, descriptive, or commonly used in relation to the goods or services cannot be registered unless they have acquired distinctiveness through extensive use.

Example: Attempting to register "Premium Coffee" for a coffee brand would likely be rejected as merely descriptive. Similarly, "Mexico's Best" for tourism services would be considered laudatory and lacking distinctiveness.

Deceptive or Misleading Marks

Trademarks that could deceive the public about the nature, quality, or origin of products or services are not registrable.

Example: Using "ORGANICO" (organic) in a trademark for products that aren't actually organic, or incorporating a geographic name that falsely suggests a particular origin.

Prohibited Signs

Certain signs are explicitly barred from registration under Mexican law:

• National symbols, flags, or emblems of countries

• Names or images of historical or national heroes

• Technical or commonly used terms in a specific industry

• Names of international organizations

• Marks contrary to public order or morality
   

Formalities and Classification Errors

Technical issues can also lead to rejection:

• Incorrectly specifying goods/services according to Nice Classification

• Unclear representation of the mark

• Incomplete or improperly filed documentation

• Failure to pay correct fees

According to recent statistics, approximately 30% of trademark applications in Mexico face initial rejections, with likelihood of confusion and lack of distinctiveness being the top two reasons.

6.2 The Opposition Process

Since 2016, Mexico has implemented a trademark opposition system that allows third parties to challenge pending applications:

1. Publication and Opposition Period

   • After passing formal examination, applications are published in the IMPI Gazette

   • Third parties have 30 business days (approximately one month) to file an opposition

2. Opposition Grounds

   • Most oppositions cite likelihood of confusion with prior marks

   • Other grounds include descriptiveness, deceptiveness, or bad faith

3. Examination and Decision

   • The opposition is considered by the examiner during substantive examination

   • IMPI is not bound by the opposition; it can still grant registration despite opposition

   • If IMPI allows the mark despite opposition, the opponent's main recourse is to later file a cancellation action

This opposition system differs from those in other jurisdictions where opposition can automatically suspend or block registration. In Mexico, opposition is more of an informative process for the examiner rather than a determinative procedure.

6.3 Strategies to Avoid Registration Pitfalls

International entrepreneurs can take several proactive steps to minimize challenges in the Mexican trademark registration process:

By understanding common rejection grounds and implementing these preventive measures, international businesses can significantly improve their chances of successful trademark registration in Mexico.

7. Effective Strategies to Overcome Trademark Conflicts

Even with careful planning, trademark conflicts can arise during the registration process or after your mark is registered. Mexico offers several mechanisms to resolve these conflicts effectively.

7.1 Letters of Consent and Coexistence Agreements

One of the most significant improvements in Mexican trademark law is the acceptance of letters of consent to overcome citation of prior similar marks:
 

Letters of Consent

Since 2018, IMPI accepts letters of consent from owners of cited marks, acknowledging their agreement to the registration of a similar mark. This provides a valuable pathway when a prior mark is cited as an obstacle.

How it works:

• The applicant negotiates with the owner of the cited mark

• If the owner agrees that confusion is unlikely or can be mitigated, they provide written consent

• This consent is submitted to IMPI as part of the response to the examiner's objection

• IMPI typically accepts such consent, allowing both marks to coexist
   

Coexistence Agreements

More comprehensive than simple consent letters, coexistence agreements establish detailed terms under which similar marks can operate in the market without causing confusion:

• Market Segmentation: Defining specific markets or channels for each mark

• Product Differentiation: Limiting each mark to certain goods or services

• Design Distinctions: Agreeing on visual differences to maintain

• Territorial Limitations: Restricting use to certain regions

• Non-Opposition Clauses: Agreeing not to oppose future applications

These agreements can be particularly valuable for international businesses entering Mexico who discover their mark is similar to an existing local registration.

7.2 Addressing Trademark Squatting

Trademark squatting—where third parties preemptively register famous marks or brands that are used abroad but not yet registered in Mexico—can be a significant challenge due to Mexico's first-to-file system.
 

Expanded Bad Faith Provisions

Recent legal reforms have strengthened options against squatters through expanded bad faith provisions:

• The definition of bad faith now includes filing with intent to gain unfair advantage or harm a third party

• Bad faith is not limited to just agents or representatives; any business associate or entity with knowledge of the mark can be cited

• A broader range of evidence can be used to demonstrate bad faith
   

Nullity Actions Based on Bad Faith

If your mark has been registered by a squatter, you can file a nullity action based on bad faith, particularly if:

• The squatter had knowledge of your prior use abroad

• The squatter had any business relationship with you

• The squatter has a pattern of registering well-known foreign marks

• There is evidence of intent to sell the mark back to the legitimate owner
   

Well-Known Mark Protection

Mexico provides enhanced protection for well-known or famous marks, even without registration. If your mark has significant recognition in Mexico or internationally, you may be able to challenge a squatter based on this protection.

For example, authorities are generally reluctant to allow trademark squatters to obtain registrations that would harm well-known or luxury brands, though lesser-known foreign brands still face challenges if a local party files first.

7.3 Legal Remedies and Enforcement Options

When facing trademark conflicts, several legal remedies are available:
 

Administrative Proceedings

• Nullity Actions: Challenge a registration based on absolute grounds (descriptiveness, deceptiveness) or relative grounds (prior rights, bad faith)

• Non-Use Cancellations: Request cancellation of marks not used for three consecutive years

• Infringement Actions: File complaints with IMPI against unauthorized use of identical or confusingly similar marks

Administrative Sanctions

IMPI can impose various remedies for trademark infringement:

• Preliminary or permanent injunctions

• Seizure of infringing goods

• Administrative fines

• Temporary or permanent closure of businesses

Civil and Criminal Actions

Beyond administrative proceedings, options include:

• Civil Damages: After obtaining a favorable IMPI ruling, pursue compensation through civil courts

• Criminal Prosecution: For counterfeiting or fraudulent use of registered marks, criminal charges can be pursued

Enforcement timing can vary, with administrative proceedings typically taking 12-18 months and civil actions for damages potentially extending longer.
 

8. Emerging Trends & Opportunities in Trademark Protection

The Mexican trademark landscape continues to evolve, presenting new opportunities for international businesses to strengthen their brand protection strategies.

8.1 Growth in Non-Traditional Marks

Since Mexico expanded its trademark definition to include sensory marks, there has been significant interest in non-traditional protection:

• By April 2019, just months after the law changed, 501 applications for non-traditional marks had already been filed

• The majority were for trade dress (284 applications), followed by olfactory marks (87 applications) and sound marks (52 applications)

• These numbers continue to grow as businesses recognize the value of protecting distinctive non-visual aspects of their brands

This trend creates opportunities for businesses with strong sensory branding elements

8.2 Digital and Virtual Brand Protection

Digital transformation is influencing trademark strategies in Mexico, creating new considerations for brand protection:

Virtual Goods and NFTs

Recent Nice Classification updates (12th edition) now cover digital goods like NFTs, and Mexican applications in classes for virtual goods have started to appear. Brands entering the metaverse or digital markets should consider filing in:

• Class 9: For digital content and downloadable virtual goods

• Class 35: For virtual retail services

• Class 41: For entertainment services in virtual environments

• Class 42: For design and development of digital assets

Digital Enforcement Challenges

Online marketplace growth has increased the complexity of enforcement, particularly for luxury or well-known brands. IMPI has been developing approaches to address online infringement, with particular focus on:

• Social media platforms where counterfeit goods are promoted

• E-commerce sites selling unauthorized products

• Mobile apps using registered trademarks without permission

Domain Name Considerations

While not directly part of trademark law, securing relevant .mx domain names should be part of a comprehensive brand protection strategy in Mexico, especially as e-commerce continues to grow.

8.3 The Growing Value of Strong Trademarks in Mexico

The importance of trademark protection in Mexico is underscored by the significant market value of well-established brands. Leading Mexican companies have built substantial brand equity through strong, recognizable trademarks:

• Corona Extra: Valued at approximately $10.39 billion

• Modelo Especial: Valued at approximately $5.24 billion

• Bodega Aurrera: Valued at approximately $4.6 billion

• Bimbo: Among Mexico's most valuable consumer brands

• Pemex: A significant brand in the energy sector

These valuations reflect how robust trademark protection contributes directly to business success and market positioning. For international entrepreneurs, establishing strong trademark rights early in Mexico can lead to similar long-term brand value growth.

9. Best Practices for International Entrepreneurs

Based on Mexico's unique trademark system and recent legal developments, here are actionable best practices for international entrepreneurs seeking to protect their brands:

File Early and Strategically

Don't wait to "use" your mark in Mexico before filing. Mexico's first-to-file system means that early registration is crucial, regardless of prior use elsewhere.

• File as soon as you anticipate doing business in Mexico

• Consider multiple filings to cover different brand elements (word mark, logo, slogan)

• Budget for separate applications in each relevant class (single-class system)

• Evaluate whether Madrid Protocol or direct IMPI filing better serves your needs

Conduct Thorough Searches

Comprehensive trademark searching before filing can prevent costly rejections and conflicts:

• Search IMPI's MARCANET database for existing similar marks

• Consider phonetic equivalents and translations of your mark

• Examine marks in related classes, not just your primary class

• Check for unregistered but well-known marks that might have rights

Use Local Expertise

Engage a Mexican IP attorney or agent who can:

• Ensure proper classification of goods/services

• Advise on cultural nuances and potential language issues

• Address office actions and oppositions effectively

• Fulfill the legal requirement for foreign applicants to have local representation

Leverage New Legal Tools

Take advantage of recent legal flexibilities:

• Use letters of consent to overcome conflicts with similar marks

• Consider non-traditional mark registrations for distinctive brand elements

• Utilize expanded bad-faith provisions to challenge squatters

• Explore coexistence agreements for resolving potential conflicts

Maintain Your Registration

Mexican law has specific maintenance requirements:

• Mark your calendar to file the Declaration of Use at the 3-year post-registration mark

• Keep evidence of actual commercial use in Mexico

• If your mark changes significantly, file a new registration for the updated version

• Renew registrations every 10 years, with proof of use

Monitor and Enforce

Actively protect your rights once registered:

• Monitor the IMPI Gazette for potentially conflicting applications

• Watch physical and online marketplaces for potential infringements

• Act promptly against unauthorized use to maintain brand distinctiveness

• Consider both administrative and judicial enforcement options when needed

Adapt to Local Market

Align your trademark strategy with your market approach:

• Protect Spanish translations or adaptations of your brand name

• Consider local cultural perceptions of your mark

• Secure relevant domain names and social media handles

• Develop relationships with local business partners who understand the market

By implementing these best practices, international entrepreneurs can establish strong trademark protection in Mexico, creating a solid foundation for business growth in this important market.

10. Summary

11. References

12. Related Articles

• How to File a Trademark with the Mexican National Institute of Industrial Property (IMPI)

• Mastering the Madrid Protocol: a Guide to Simplifying International Trademark Registration