A Common and Costly Misconception
Many US-based businesses assume that their registered trademark from the United States Patent and Trademark Office (USPTO) provides some level of protection in Mexico — especially given the close economic ties between the two countries under USMCA. This assumption is incorrect, and acting on it can cost a business its brand in one of its most important foreign markets.
Trademark rights are territorial. A USPTO registration gives you exclusive rights to use your mark in the United States. A Mexico IMPI registration gives you exclusive rights in Mexico. The two are entirely separate legal systems. One does not confer any rights in the other's jurisdiction.
How US and Mexico Trademark Systems Differ
First-to-Use vs. First-to-File
The US trademark system is primarily use-based. You acquire common law trademark rights through actual commercial use of a mark, and USPTO registration confirms and strengthens those rights. Prior use can defeat a later registrant in the US.
Mexico's IMPI system is first-to-file. The first party to file an application with IMPI has priority — regardless of prior use in Mexico or anywhere else. This fundamental difference is what creates the trademark squatting risk for foreign brands. A bad-faith actor can file your brand name in Mexico before you do, obtain a valid IMPI registration, and then legally prevent you from using your own brand name in the Mexican market.
Registration Requirements
In the US, you can file an "intent-to-use" application before actually selling goods under the mark, but you must eventually prove use to maintain the registration. In Mexico, IMPI does not require proof of use at the time of filing or registration — though a Declaration of Use is required between the 3rd and 4th years after registration, and non-use for three or more consecutive years can be grounds for cancellation.
Examination Standards
Both offices conduct substantive examination and apply a similarity analysis when searching for conflicting marks. However, the specific standards and outcomes can differ. A mark that passes USPTO examination might encounter different obstacles at IMPI, and vice versa. Each application must be tailored to the specific requirements of the target jurisdiction.
The USMCA Does Not Solve This Problem
The United States-Mexico-Canada Agreement includes intellectual property provisions that harmonize certain standards across the three countries. However, USMCA does not create a unified trademark registration that covers all three countries. You still need separate registrations in each country where you want exclusive rights. USMCA does provide some enforcement tools and commitments around IP protection, but these operate within each country's existing trademark framework — they don't replace the need for national registration.
Real Risks for US Brands Operating Without Mexico Registration
The risks of operating in Mexico without a registered trademark fall into three categories. First, trademark squatting: professional squatters actively monitor US trademark databases, business news, and e-commerce platforms for brands gaining traction. When they identify a brand without Mexico coverage, they file the trademark in Mexico and then attempt to extract a licensing fee or sale price from the legitimate brand owner. Cases involving well-known brands have resulted in six-figure legal costs and multi-year disputes.
Second, competitor registration: a local Mexican competitor can legitimately file your brand name in Mexico if you haven't filed first. Even if their intent is not bad-faith squatting, the legal outcome is the same — they have registration priority and can prevent your market entry under your existing brand.
Third, customs seizure: Mexican customs authorities can be instructed by a registered trademark holder to seize goods entering Mexico that bear an infringing mark. If a squatter holds your brand registration, they can seize your legitimate goods at the border.
The Madrid Protocol: Filing in Both Countries More Efficiently
If you have an existing US trademark registration or pending application, you may be eligible to file an International Registration under the Madrid Protocol, administered by WIPO. This allows you to extend your US application to Mexico (and 130+ other countries) through a single international filing. The application is then forwarded to IMPI for examination under Mexico's national standards.
The Madrid Protocol streamlines the administrative process but does not eliminate IMPI examination — your mark still goes through substantive review in Mexico. And the total cost through WIPO's system is not always lower than a direct national filing, particularly for one or two countries. We can advise on which approach is more cost-effective for your specific situation.
The Practical Answer: Yes, You Need Both
If your business operates, sells, or plans to expand into Mexico, you need a separate IMPI trademark registration — regardless of what you hold in the US, EU, or anywhere else. Given that Mexico is the 12th largest economy in the world and a major destination for US exports and foreign investment, the cost of Mexico trademark registration ($299 per class at MexicoTrademarkCenter) is a minimal investment compared to the business value it protects.