Mexico is a cornerstone filing for any Latin American strategy. Applications are examined by the Mexican Institute of Industrial Property (IMPI), the country is first-to-file, and it has been a member of the Madrid Protocol since 2013. The point that most often catches foreign owners out is not filing — it is the Declaration of Use that has to be filed years later.
You need a local representative
Applicants without domicile in Mexico must appoint a local representative for notifications and file a Power of Attorney. Since the 2018 reforms the POA is simple — signed before two witnesses, with no notarization or legalization — which makes instructing local counsel quick. MK Global IP acts in that role for US and European firms, under your instruction.
Critical deadline
For registrations granted after August 2018, a Declaration of Actual and Effective Use must be filed within three months following the third anniversary of the grant — and again at every renewal. Miss it and the registration lapses automatically. For foreign portfolios this is the single most important date to docket, and exactly the kind of local deadline a foreign associate manages for you.
The registration process, step by step
- 01Clearance search. A pre-filing search of the IMPI register to assess availability and conflicts.
- 02Filing. The application is filed with the applicant details, the sign, and the goods/services under the Nice Classification.
- 03Publication & opposition. IMPI publishes the application shortly after filing, opening a one-month window for oppositions.
- 04Examination. IMPI examines formal requirements and registrability and may issue office actions.
- 05Decision & grant. If allowed, the registration is granted and the certificate issued.
- 06Declaration of Use. The third-anniversary declaration is docketed and filed to keep the registration alive.
Timelines
Absent oppositions or objections, registration typically takes around 4 to 6 months from filing.
Maintenance and renewal
A registration is valid for ten years and renewable for successive ten-year periods. Unlike most of the region, Mexico ties maintenance to use: a declaration of use is required both at the third anniversary and at each renewal. Building those dates into a regional docket is essential — and a watch and portfolio service keeps them from slipping.
Filing or maintaining a portfolio in Mexico?
MK Global IP files, prosecutes and dockets your Mexican matters — including the Declaration of Use deadlines — as your local representative, with one point of contact.
Talk to our teamFrequently asked questions
Do foreign applicants need a local representative to file a trademark in Mexico?
Yes. Applicants without domicile in Mexico must appoint a local representative for notifications and file a Power of Attorney. Since the 2018 reforms the Power of Attorney is simple — signed before two witnesses, with no notarization or legalization required — which keeps onboarding fast.
What is the Declaration of Use in Mexico and when is it due?
Mexico requires a Declaration of Actual and Effective Use. For registrations granted after August 2018, it must be filed within the three months following the third anniversary of the grant, and again at each renewal. Missing the deadline causes the registration to lapse automatically — so calendaring it is essential for foreign portfolios.
How long does it take to register a trademark in Mexico?
When an application is not opposed and raises no objections, registration typically takes around 4 to 6 months from filing.
Does Mexico have an opposition procedure?
Yes. Mexico introduced oppositions in 2016. The application is published shortly after filing and third parties have one month to file an opposition.
How long is a Mexican trademark registration valid?
Ten years, renewable for successive ten-year periods. A declaration of use must accompany each renewal, in addition to the third-anniversary declaration.