On April 3, 2026, the amendment to the Mexican Federal Law for the Protection of Industrial Property was published in the Official Gazette of the Federation, entering into force on April 4, 2026. This reform introduces clear rules in the fields of trademarks and patents, aiming to further optimize examination efficiency, expand the scope of protection, and strengthen rights protection mechanisms.
Key highlights of the reform are as follows:
Clarifying Statutory Time Limits for Trademark Proceedings
The Mexican Institute of Industrial Property (IMPI) has established maximum statutory time limits for trademark-related proceedings for the first time: a maximum of 5 months for trademark/trade name registration applications, 3 months for trademark renewals, and 2 months for trademark license recordals. IMPI must complete examination and issue a decision within these time limits, fundamentally resolving the previous ambiguity in examination timelines.
Expanding Scope of Trademark Protection
Three types of non-traditional trademarks are officially introduced: position marks, motion marks, and multimedia marks. This broadens the eligible subject matter for trademark protection, adapting to the diverse brand protection needs in the digital economy and better safeguarding corporate brand rights.
Inclusion of a Provisional Patent Application System
A new provisional patent application mechanism is added. The applicant must file a complete patent application within 12 months from the provisional filing date, and this period shall not be extended.
Establishment of a Specialized Technical Committee
A specialized technical committee, composed of members of the IMPI’s Board of Directors, is created. Where a patent or registration proceeding is delayed without a final resolution, the applicant may request that this committee initiate a mandatory resolution procedure to compel IMPI to issue a decision within a prescribed period, thereby safeguarding the applicant's legitimate rights.
Mechanism for Correcting Priority Documents
If IMPI identifies omissions or deficiencies in priority documents, it may require the applicant to complete the missing documents within 5 business days after the expiration of the 3-month legal period for filing priority documents. This provides a final remedial opportunity for applicants to preserve their priority rights.
Improving Mechanism for Restoration of Rights
Where an applicant loses rights due to failure to comply with statutory procedures or time limits, the applicant may file a request for restoration of rights within 15 business days from the date of default, accompanied by proof of payment of the corresponding fees.
In addition, this amendment introduces multiple significant adjustments across the entire industrial property protection system, with over 200 revised provisions. It not only optimizes patent examination procedures, but also adds new restrictions on trademark registration related to cultural heritage, clarifies regulations on artificial intelligence-related infringements, and expands the functions of the IMPI.
This reform comprehensively enhances the standardization and efficiency of industrial property protection in Mexico, providing significant guidance for businesses carrying out trademark registrations, patent filings, and related activities in Mexico.
Source:
https://www.dof.gob.mx/nota_detalle.php?codigo=5784017&fecha=03/04/2026#gsc.tab=0
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