IMPI in Mexico is the patent and trademark regulator and manager. It is a Public Decentralized Organism with legal personality of its own. The Ministry of Economy oversees it.
For any innovative company entering the Mexican market, the most valuable assets are often intangible: your brand name, your unique product designs, and your proprietary technology. Protecting these assets is not merely a legal formality; it is a fundamental strategic imperative that secures your competitive advantage and the long-term value of your business. The federal institution tasked with this critical mission is the Instituto Mexicano de la Propiedad Industrial (IMPI), or the Mexican Institute of Industrial Property.
IMPI Mexico is the autonomous federal agency responsible for the administration of the entire industrial property system in the country. It is the sole entity with the authority to grant patents, register trademarks, and protect industrial designs. Consequently, for any business with a brand to protect or technology to defend, a deep understanding of IMPI’s functions and processes is essential. Engaging with IMPI is not a question of if, but when. Proactive registration of your intellectual property is one of the first and most important steps in de-risking your entry into the Mexican market.
This definitive guide provides a comprehensive analysis of IMPI Mexico, designed for business owners, general managers, and corporate counsel. We will explore the institute’s core mandate, provide a detailed breakdown of the processes for registering trademarks and securing patents, explain other forms of IP protection, and clarify IMPI’s powerful enforcement capabilities. Ultimately, this document will provide the clarity you need to navigate Mexico’s intellectual property landscape and effectively protect your company’s most valuable assets.
Mexican Institute of Industrial Property
The Mexican Institute of Industrial Property (Spanish: Instituto Mexicano de la Propiedad Industrial; IMPI) is the patent and trademark administration body of Mexico. It is a Public Decentralized Organism with legal personality of its own. It is overseen by the Ministry of Economy.
| Year Founded | 1993 |
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General Director |
Santiago Nieto Castillo |
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Dependant Of |
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Jurisdiction |
Federal |
IMPI’s authority and functions are grounded in a modern and robust legal framework that is harmonized with international standards. The primary law governing its activities is the Ley Federal de Protección a la Propiedad Industrial (LFPPI), or the Federal Law for the Protection of Industrial Property. This comprehensive law, which was significantly updated in recent years, replaced the older Industrial Property Law and provides the detailed rules for all forms of intellectual property in Mexico.
As a decentralized administrative agency of the Ministry of Economy (SE), IMPI has technical and operational autonomy. Its core mission is twofold:
To Grant Exclusive Rights: First and foremost, IMPI is the government body that grants exclusive, legally enforceable rights to individuals and companies over their creations. By registering a trademark or granting a patent, IMPI provides the owner with a legal monopoly over that asset for a specified period, allowing them to prevent others from using it without authorization.
To Promote Innovation and Fair Competition: By protecting intellectual property, IMPI Mexico fosters an environment that encourages innovation, research, and development. It ensures that companies can invest in creating new technologies and building strong brands with the confidence that their investments will be legally protected. This, in turn, promotes fair competition in the marketplace.
To carry out this mandate, IMPI is responsible for a wide range of functions, including the examination of patent applications, the registration of trademarks, the publication of the Industrial Property Gazette, and the resolution of infringement disputes.
For the vast majority of businesses, the first and most critical interaction with IMPI Mexico will be for the purpose of trademark registration. Your brand name and logo are the face of your company, and protecting them in Mexico is an essential first step.
In Mexico, trademark rights are acquired through registration, not just through use. This is a critical distinction from the common law system in the United States. If you do not formally register your trademark with IMPI Mexico, you have very limited legal rights to it, even if you have been using it in the market. An unregistered brand is vulnerable. A third party can copy, or even worse, register it. So, you could end up being force to rebrand your entire operation in Mexico if something like this happens. Therefore, we recommend a proactive trademark search and registration process.
The LFPPI recognizes a broad range of marks. These can be registered to protect your brand identity. They include:
Nominative Marks (Nominativas): These are simply words, letters, or numbers without any specific design (e.g., the word “Start-Ops”).
Figurative Marks (Figurativas): These are logos, symbols, or designs without any words.
Mixed Marks (Mixtas): This is the most common type of registration, combining a word element with a specific design or logo.
Mexico’s modern law also provides protection for non-traditional marks, including:
Sound Marks (Sonoras): A specific jingle or sound that identifies a brand.
Scent Marks (Olfativas): A specific scent associated with a product or service.
Trade Dress (Imagen Comercial): The overall look and feel of a business establishment or product packaging.
The process for registering a trademark with IMPI is structured and methodical.
The first step is always to conduct a thorough trademark search in IMPI’s public database. This is to ensure that your desired mark is not already registered or confusingly similar to an existing mark in the same class. This initial search can prevent a costly and time-consuming rejection later in the process.
Companies must submit the formal application to IMPI Mexico. It must include the owner’s information, a clear representation of the trademark, and, critically, a specific list of the goods or services for which the mark will be used, according to the international Nice Classification system.
IMPI first conducts a formal examination to ensure the application meets all administrative requirements.
If the formal requirements are met, an IMPI Mexico examiner then conducts a substantive examination. They will review the mark to ensure it is not descriptive, generic, or likely to cause confusion with pre-existing marks.
If the examiner finds no obstacles, the application is published in the Industrial Property Gazette. This opens a one-month period during which any third party who believes they would be harmed by the registration can file a formal opposition.
If no opposition is filed, or if an opposition is overcome, IMPI Mexico will grant the registration and issue an official Title (Título de Registro).
This entire process typically takes between 4 to 8 months if there are no objections or oppositions.
Term of Protection: A trademark registration in Mexico is valid for 10 years from the date it is granted.
Renewals: The registration can be renewed indefinitely for subsequent 10-year periods.
Declaration of Use (Declaración de Uso): This is a critical maintenance requirement. The trademark owner must file a formal declaration with IMPI, under oath, stating that the mark has been in real and effective use in Mexico. This declaration must be filed within the three months following the third anniversary of the registration date. Failure to file this “third-year declaration of use” will result in the automatic cancellation of the trademark registration. A declaration of use must also be submitted with each renewal application.
For innovative companies in the manufacturing, pharmaceutical, and technology sectors, protecting their inventions through the patent system is a core part of their business strategy. IMPI is the government body responsible for examining and granting patents in Mexico.
To be eligible for a patent in Mexico, an invention must meet three fundamental criteria, which are harmonized with international standards:
Novelty (Novedad): The invention must be new. It cannot have been disclosed to the public anywhere in the world before the date the patent application is filed.
Inventive Step (Actividad Inventiva): The invention must not be obvious to someone with ordinary skill in the relevant technical field. It must represent a genuine, non-obvious leap forward from what already exists.
Industrial Application (Aplicación Industrial): The invention must be useful. It must be capable of being produced or used in some branch of economic activity.
Abstract ideas, scientific theories, and mathematical methods are generally not patentable.
The process for obtaining a patent is significantly more complex and lengthy than for a trademark.
The process begins with the filing of a formal patent application with IMPI. This application must include a detailed description of the invention (descripción), a set of one or more claims (reivindicaciones) that precisely define the scope of the protection being sought, any necessary drawings, and an abstract.
IMPI first conducts a formal examination to ensure the application complies with all administrative requirements.
After the formal examination, the application is published in the Industrial Property Gazette, typically 18 months after the filing date.
After publication, an IMPI patent examiner with expertise in the relevant technical field conducts a thorough substantive examination to determine if the invention meets the three requirements of patentability (novelty, inventive step, and industrial application). The examiner will often issue one or more “office actions” requesting clarifications, arguments, or amendments to the claims. The applicant’s legal representative must respond to these office actions.
If the examiner is satisfied that the invention is patentable, IMPI will grant the patent. The applicant must then pay the required fees for the issuance of the patent title.
The entire patent prosecution process is highly technical and can easily take 3 to 5 years or more to complete.
A patent in Mexico is valid for 20 years from the date the application was filed. To keep the patent in force, the owner must pay annual maintenance fees (anualidades) to IMPI.
For inventions that offer a practical new advantage but may not meet the high standard of an “inventive step” required for a full patent, Mexico offers an alternative form of protection known as a Utility Model. These are often referred to as “minor patents” and are ideal for improvements to existing tools or devices. The requirements are less stringent, the process is faster, and the term of protection is 15 years from the filing date.
Beyond trademarks and patents, IMPI also administers the protection of several other important forms of IP.
This protects the ornamental or aesthetic aspect of a product. This can include two-dimensional designs (like a pattern on a fabric) or three-dimensional designs (like the shape of a unique bottle or piece of furniture). Protection for an industrial design is valid for 5 years and can be renewed for successive 5-year periods up to a maximum of 25 years.
The LFPPI provides strong legal protection for trade secrets. A trade secret is any confidential information that has a commercial value and for which the owner has taken reasonable steps to keep it secret (e.g., formulas, manufacturing processes, client lists). Unlike patents, trade secrets do not require registration, but they must be properly documented and protected through confidentiality agreements.
IMPI is responsible for protecting Mexico’s famous appellations of origin, most notably Tequila and Mezcal. This ensures that only products made in the specific geographic region and according to the official standard can use these protected names.
Obtaining a trademark or patent is only half the battle. IMPI also provides a robust administrative system for enforcing your intellectual property rights against infringers.
Infringement Actions: If you believe a third party is using your registered trademark or patented invention without authorization, you can file an administrative infringement action directly with IMPI.
IMPI’s Powers: IMPI has significant enforcement powers. It can conduct inspections, seize infringing goods, and issue preliminary injunctions to stop the infringing activity while the case is being decided.
Sanctions: If IMPI rules that an infringement has occurred, it can impose significant sanctions on the infringer, including substantial fines and the temporary or even permanent closure of their business establishment.
Damages: While IMPI can sanction an infringer, a separate action in the civil courts is required to claim financial damages.
The Instituto Mexicano de la Propiedad Industrial is the critical government institution responsible for safeguarding a company’s most valuable intangible assets. In a global economy driven by innovation and brand value, a proactive and robust intellectual property strategy is not a luxury; it is a fundamental requirement for long-term success.
For any foreign company entering the Mexican market, the early registration of your trademarks and the timely filing of patent applications are essential steps in mitigating risk and securing your competitive position. The Mexican legal framework, administered by IMPI, provides strong and enforceable protections for those who take these proactive steps.
Navigating the technical and legal complexities of the IP registration and enforcement process, however, requires specialized expertise. At Start-Ops, we provide the expert legal and administrative support necessary to manage your entire intellectual property portfolio in Mexico. From conducting initial trademark searches and filing applications to managing renewals and declarations of use, we handle the entire process, ensuring your valuable assets are protected from day one.
Contact us for a strategic consultation to explore how we can build a comprehensive intellectual property strategy for your operations in Mexico.
