Why Trademark Protection in Mexico Matters for United States Brands

Why Mexico Matters

Mexico is the United States’ largest trading partner, and U.S. companies file more Mexican trademark applications than any other foreign country. In 2025, U.S.–Mexico trade in goods and services reached $976.1 billion, with $337.9 billion in U.S. goods exports.

The trademark office is just as busy. Mexico’s Institute of Industrial Property (IMPI) received 240,991 trademark applications in 2025, up 9%, and granted 178,072 registrations.

Three facts make early protection essential for U.S. brands:

• Mexico is first-to-file. U.S. registrations and U.S. use give no rights in Mexico. Brand squatters register foreign names and offer to sell them back.
• The 2020 law raised the bar after registration. The Federal Law for the Protection of Industrial Property (LFPPI), in force since November 5, 2020, requires a declaration of use three years after grant.
• Trade rules are in flux. In July 2026, the U.S. declined to renew USMCA in its current form. The agreement stays in force through 2036 but is now reviewed annually. A Mexican registration protects a brand whatever happens to the treaty.

How Many U.S. Businesses File in Mexico

U.S.-based owners filed 15,000 to 17,000 Mexican trademark applications every year from 2021 to 2024, roughly 40% of all foreign filings, and received about 14,000 to 15,000 registrations a year.

The U.S. share of foreign filings has slipped from 44% in 2021 to 39% in 2024, mainly because Chinese filings nearly doubled.

IMPI’s own figures for the first half of 2026 still put the U.S. first among foreign filers, with 6,078 applications and 5,446 registrations, ahead of China’s 4,574 applications. IMPI counts differ from WIPO’s because they are compiled on a different basis.

Filing Requirements and Government Costs

A single-class Mexican application costs MXN 2,695.18 plus 16% VAT in government fees (MXN 3,126.41 in total; roughly $165), or MXN 2,425.66 plus VAT when filed online, and must be maintained with a declaration of use at year three.

Mexico vs. the U.S. Registration System

The two systems differ most on use: the U.S. requires use before it registers a mark, while Mexico registers first and checks use at year three. Mexico is also faster and cheaper per class, but allows only one class per application.

Feature	Mexico (IMPI)	United States (USPTO)
Governing law	Federal Law for the Protection of Industrial Property (LFPPI), in force Nov. 5, 2020	Lanham Act, 15 U.S.C. § 1051 et seq.
How rights arise	First to file: registration creates rights	Use creates common-law rights and registration adds nationwide priority
Use to register	Not required; applicant states a first-use date or no use	Use in commerce, or intent-to-use followed by a statement of use with specimens
Classes per application	One	Multi-class
Government filing fee	MXN 2,695.18 + 16% VAT per class (MXN 2,425.66 + VAT online)	US$350 per class, plus surcharges for free-form or incomplete descriptions
Foreign applicants	May file with a simple power of attorney	Foreign-domiciled applicants must use a U.S.-licensed attorney
First examination	Within 4 months by rule (direct filings); up to 18 months for Madrid designations	5.6 months average in FY2025; 4.45 months in first half of FY2026
Opposition	1 month from IMPI Gazette publication	30 days from Official Gazette publication, extendable up to 180 days
Term	10 years from grant	10 years from registration
Proof of use during term	Declaration of use within 3 months after the 3rd anniversary, and at each renewal	Section 8 declaration between years 5 and 6 (US$325 per class), and at each renewal
Non-use exposure	Cancellation after 3 years of non-use	3 consecutive years of non-use is prima facie abandonment
Renewal	MXN 2,597.77 + VAT per class; 6-month grace period	Sections 8 and 9, US$325 each per class; 6-month grace period
Madrid Protocol	Member since 2013	Member since 2003

Latency Since 2021: Filing to Registration

Mexico has been consistently faster. IMPI reported average pendency of roughly 3.5 to 5 months from 2021 to 2024, and Mexican rules cap an unopposed decision at six months.

USPTO total pendency rose from 11.2 months in FY2021 to a peak of 14.6 months in FY2023, then fell to 11.7 months in FY2025 and about 10 months in early FY2026.

The USPTO’s recovery is real: first-action pendency fell from 8.5 months in FY2023 to 4.45 months in the first half of FY2026, and the office targets 4 months for first actions and 9 months for final disposal by FY2028. Mexico’s speed has a flip side for U.S. brands: a squatter’s application can also be granted in months, which is why filing first matters so much there.

Five Key Recommendations for Brand Owners

1. File in Mexico before you sell, sign or announce. Mexico is first-to-file, and squatters target foreign brands with Mexican distribution. File before signing distributor, franchise or manufacturing agreements. If you have a recent U.S. filing, claim Paris Convention priority within six months.
2. Plan class by class and choose the route deliberately. Each class is a separate application with its own fee. A Madrid designation is split into one Mexican application per class and can take IMPI up to 18 months to act on, while a direct filing gets a first response within four months. For one or two key markets, direct filing usually gives more control.
3. Calendar the declaration of use at year three. Every registration granted since August 10, 2018 needs a declaration of use within three months after the third anniversary of grant, and again at each renewal. Collect Mexican invoices, packaging and advertising from launch, since non-use for three years also exposes the mark to cancellation.
4. Get the filing details right the first time. State the first-use date accurately: a false claim of prior Mexican use is a ground for nullity. Describe goods and services specifically, because protection covers only what is listed. Protect the Spanish-language versions of the brand and key slogans as well.
5. Watch the Gazette and act fast. Oppositions must be filed within one month of publication in the IMPI Gazette, and applicants then have two months to answer, extendable by two. A watch service catches conflicting filings, and bad-faith registrations by others can be challenged through nullity actions.

The Bottom Line

Mexico is the largest market most U.S. brands will enter after home, and its trademark office is now faster than the USPTO. That speed favors whoever files first.

MiamiTrademarkLaw.com helps U.S. companies clear, file, maintain and enforce marks in Mexico and across Latin America. Contact us at [email protected] or call 305-374-8303 to plan your planned Mexican trademark filings.