On April 28, 2026, the new Regulations of the Federal Law for the Protection of Industrial Property were published in the Official Gazette of the Federation, which will enter into force on July 22, 2026, and will repeal the Regulations of the Industrial Property Law of 1994.
In practical terms, the most relevant change is that the IMPI formalizes criteria that have already been applied and accelerates the transition to online files, briefs, notifications, certified copies and infringement proceedings, with evidentiary effects equivalent to physical documents when the applicable requirements are met.
a) Clearer extensions: the additional two-month deadlines to comply with official actions issued by the IMPI on patents, trademarks and declaration of protection of appellations of origin or geographical indications, run from the business day following the expiration of the initial two-month period.
b) No second extension: these additional periods will not be extendable.
c) Electronic signature: the IMPI may recognize electronic signatures and require them in briefs presented by electronic services.
d) Mandatory email: applications and briefs must indicate an email address to receive notices electronically, if applicable.
e) Critical alert: if the user does not consult the electronic dashboard on the fifteenth and last day of each month, or the following business day if one is not a business day, the notification will be considered made on the following business day.
The IMPI electronic dashboard works as a digital mailbox to receive official notifications, follow the status in real time, and respond to requirements on trademark, patent or industrial design procedures remotely.
f) Immediate recommendation: check electronic boards at least twice a month.
a) Electronic certified copies: the IMPI may issue simple or certified copies electronically.
b) Same probative value: the electronic certification will have the same effects as a certification with a handwritten signature, subject to the validation mechanisms of the IMPI.
c) Practical use: it can reduce time and costs in litigation, audits (due diligence) and procedures that require proof of ownership or validity.
d) Withdrawal: applications or promotions will end when the applicant withdraws.
e) Powers of attorney under magnifying glass: if the withdrawal is presented by a representative or attorney-in-fact, they must prove express powers or that there is no stipulation to the contrary.
Violations and provisional measures
a) One application per infringer: in physical or online infringement proceedings, one application must be submitted for each alleged infringer.
b) If there is no identified offender: provisional measures or inspection visits must be requested for each site or establishment.
c) Impact: The anti-piracy strategy should be budgeted by establishment, warehouse, point of sale or digital profile.
Location of the offender
a) Physical and digital addresses: the brief request may identify companies, negotiations, physical or virtual establishments, platforms, profiles or digital accounts. This becomes very relevant for infringements of rights through social media accounts.
b) More flexibility: the IMPI will be able to accept address references to locate the offender, which can help when there are variations in addresses, premises, shopping malls or digital accounts.
Scope of nullity for "registration contrary to the Law"
a) Rule of Procedure: nullity based on article 258, section I, proceeds only if the registration incurs impediments of articles 12 and 173, sections I-XVII and XIX-XXII; section XXIII is excluded.
b) Practical effect: to invoke Article 258, section I, the nullity must be linked to these specific impediments; however, practice has allowed it to be extended to other legal cases, especially since the Regulations cannot restrict rights granted by the Law.
c) Other possible avenues: this limitation applies only to Article 258, section I; it does not prevent the exploration of other grounds for nullity provided for in the Law, nor procedural means of challenge when appropriate in accordance with the applicable framework.
Visual Visits and Inspections
a) Inspection visits: these are differentiated from visual inspections.
b) Visual inspections: they may be carried out on objects, documents or content of analogue or electronic media, while inspection visits are for establishments, homes or physical places.
c) Participation of the applicant: whoever requests the visit may attend and make observations so that they are recorded in the minutes.
Border measures, customs, blockade and counter-bail
a) Customs: the applicant must provide information, carry out procedures and cover, where appropriate, deposit, return or clearance costs.
b) Digital blocking: the IMPI may order the specific blocking of the infringing content or the total blocking of the virtual, digital or electronic medium if it is not possible to locate and notify the alleged infringer.
c) Term of compliance: the person against whom the blocking measure is issued will have three working days to comply with it or prove compliance efforts.
d) Counter-bond: it may be set, at least, at the original bond plus forty percent, without preventing the IMPI from requiring a higher amount.
e) Insured assets: if the measure is cancelled, they must be made available to the affected person within a period of no more than ten working days.
Online Infringement
a) New procedure: it may be promoted and resolved through IMPI electronic means.
b) Same probative value: electronic or digitalized documents with an electronic signature will have the same effects as documents with a handwritten signature.
c) Pending implementation: the procedure will operate until the corresponding Agreement is published.
Three-dimensional and non-traditional brands
a) Three-dimensional shapes: include wrappings, packaging and the shape or presentation of products, provided that they have a distinctive character.
b) Non-traditional signs: sounds, smells, position, movement and multimedia should be described clearly and precisely.
Secondary meaning
a) New evidentiary guide: a trademark acquires distinctive character in Mexico when it is proven to have prolonged and exclusive use, identification of the product or service with the sign and association with its manufacturer or provider.
b) Useful evidence: advertising in Mexico, surveys, market studies, evidence of diffusion and positioning on electronic platforms.
Consents and coexistence
a) More structure: consent must be express and in writing.
b) When to file: at the beginning of the application or when responding to an office action.
c) What it should include: business origin, products or services, limitations, commercial sectors or consumer public.
d) More certainty: it can only be invalidated by a court decision.
Brand Usage: Focus on Real Evidence
a) Digital establishment: an Internet site may be indicated as the location of the establishment or negotiation if it is stated that there is no physical establishment.
b) Relevance: The rule recognizes digital models, marketplaces, startups, and online services.
c) Brand use: the standard of products or services placed on the market or available in Mexico is maintained in quantity and in a manner consistent with commercial uses.
d) Evidentiary novelty: the use may be accredited with commercial transactions in a relevant number, not sporadic or apparent, and with external acts of sale, distribution, marketing or storage.
e) Expiration: this rule will be key in actions and defenses due to lack of use.
a) Declaration in the trademark application: indicate whether the trademark includes elements of indigenous or Afro-Mexican cultural heritage; provide, if applicable, translation when the sign is in indigenous language.
b) Community authorization: when the exception applies (applicant member of the community), submit with the application the original authorization of the community general assembly.
c) Nullity limited: for the purposes of the grounds of article 258, section I, only the impediments of articles 12 and 173, sections, apply I–XVII and XIX–XXII; section XXIII is expressly excluded.
d) Comfort for current owners: trademarks validly registered before the reform should not be challenged retroactively based only on section XXIII.
e) Practice to be followed: the IMPI may issue Official Guidelines; to date the Regulation provides for this route, without specific guidelines published.
a) Conciliation before the IMPI: the Regulation incorporates alternative mechanisms and allows conciliatory solutions in infringement proceedings.
b) Before the resolution: the conciliation may be held before the final decision is issued, including by technological means.
c) Effect of the agreement: once ratified, it will have binding effects and the character of administrative res judicata.
d) Technology transfer: licenses, assignments, confidentiality agreements, collaboration in research, consultancy, material transfer, joint ventures and other instruments for the transfer of technology or knowledge may be registered.
e) Opposability, non-validity: registration will not be a requirement for validity, but a condition for the purposes of opposability against third parties.
a) Update calendars: incorporate the new calculation of extensions.
b) Review electronic boards: implement controls on the fifteenth and last day of each month.
c) Reinforce trademark evidence: prepare evidence of real use, secondary meaning and coexistence consents.
d) Plan enforcement in more detail: structure requests by infringer or by establishment when the infringer is not identified.
e) Budget provisional measures: consider costs of diligence, deposit, return, dispatch and counter-bond.
f) Indigenous/Afro-Mexican culture: verify if the sign includes heritage elements; if applicable, request authorization from the community assembly and, if applicable, translation.
g) Prepare for online litigation: review electronic signature, upload digital evidence, access to electronic file, and monitoring notifications.
For any questions or comments, you can contact our expert team.
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