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What is IMPI and How Does Mexico's Trademark System Work?

2025-06-057 min read

What is IMPI?

IMPI stands for Instituto Mexicano de la Propiedad Industrial — the Mexican Institute of Industrial Property. It is the federal government agency responsible for administering Mexico's intellectual property system, including trademark registrations, patents, utility models, industrial designs, and trade secrets. IMPI is the Mexican equivalent of the United States Patent and Trademark Office (USPTO), the European Union Intellectual Property Office (EUIPO), or the UK Intellectual Property Office (IPO).

Founded in 1993, IMPI operates under Mexico's Federal Law for the Protection of Industrial Property (Ley Federal de Protección a la Propiedad Industrial), which was significantly modernized in 2020 to align with USMCA commitments and international best practices. IMPI's headquarters are in Mexico City, and it maintains regional offices throughout the country.

IMPI's Core Functions

IMPI performs several key functions in the Mexican intellectual property ecosystem. For trademark registration, IMPI receives applications, examines them for compliance with legal requirements and distinctiveness standards, searches for conflicting prior registrations, publishes approved applications for public opposition, and issues registration certificates. IMPI also maintains the official trademark register — the authoritative database of all registered and pending trademarks in Mexico.

For enforcement support, IMPI has administrative enforcement authority. It can conduct inspections, seize infringing goods, and impose administrative sanctions on trademark infringers. While civil litigation for trademark infringement goes through Mexico's federal courts, IMPI's administrative enforcement provides a faster and often more practical remedy for many infringement situations.

IMPI also handles patents and industrial designs — a function important for product companies seeking to protect innovations in Mexico — and administers Mexico's trade secret framework.

How Mexico's Trademark Registration System Works

The Nice Classification System

Like most countries, Mexico uses the Nice Classification system to organize trademarks by the type of goods and services they cover. The Nice Classification divides all commercial activity into 45 classes: Classes 1–34 cover goods (from chemicals to clothing to software), and Classes 35–45 cover services (from advertising to legal services to restaurants). When you file a trademark application, you must specify which class or classes your application covers.

Your trademark registration only protects you in the specific classes you register. A registration in Class 25 (clothing) does not prevent someone from registering the same name in Class 43 (restaurants), unless there's a finding of likelihood of confusion. This is why thorough classification analysis is essential — you need protection in every class relevant to your business.

The Application Process

IMPI receives trademark applications through its online portal, PASE (Portal de Atención y Seguimiento Electrónico). Applications can be filed directly by the trademark owner or through an authorized representative. Foreign applicants are not legally required to appoint a Mexican attorney — they can appoint any authorized filing agent, including international services like MexicoTrademarkCenter.

The application requires: identification of the applicant (full legal name, nationality, address), a clear representation of the mark, a specification of goods/services with the relevant Nice Class(es), and payment of the official filing fee. For figurative marks or combined marks, a high-resolution image file of the mark must be included.

Examination Standards

IMPI examiners review applications against two main criteria. First, absolute grounds — inherent registrability of the mark itself. Marks that are generic, purely descriptive, deceptive, contrary to public order, or include national symbols or protected emblems fail on absolute grounds. Second, relative grounds — conflict with existing registrations. IMPI searches its register for identical or confusingly similar marks covering identical or similar goods/services. The similarity standard in Mexico considers visual, phonetic, and conceptual similarity.

The Official Gazette and Opposition

Approved applications are published in Mexico's Official Gazette (Diario Oficial de la Federación). This publication triggers a public opposition window during which any third party who believes the applied-for mark would conflict with their existing rights can file a formal opposition. Oppositions are relatively uncommon in practice — the majority of published applications proceed without any opposition filed.

IMPI's Role in IP Enforcement

One of IMPI's most powerful and practical functions is its administrative enforcement program. Once you hold a registered Mexico trademark, you can file a complaint with IMPI against infringers. IMPI inspectors can visit retail locations, markets, or manufacturing facilities, seize counterfeit goods, and impose administrative fines. This is particularly effective against physical counterfeiting — a persistent problem in certain Mexican markets.

For online infringement, Mexican law also provides mechanisms to request takedowns from e-commerce platforms and social media networks based on a registered trademark. IMPI registration is typically required to trigger these enforcement mechanisms.

Why Filing with IMPI Directly (or Through a Filing Service) is Straightforward

Unlike some national trademark offices that require local representation, IMPI allows foreign applicants to file directly through an authorized agent — meaning you don't need to hire a Mexican law firm to get your trademark registered. Modern filing services handle the entire process: availability search, classification, application preparation, PASE submission, and monitoring — at a fraction of traditional law firm costs.

At MexicoTrademarkCenter, we combine AI-assisted classification and search technology with licensed attorney supervision to deliver IMPI filings at $299 per class, all-inclusive. From order to filing takes less than 24 business hours. We handle all the technical requirements of IMPI's system so you can focus on your business.

Staying Compliant After Registration

Registration is not the end of your IMPI obligations. Between the 3rd and 4th year after registration, you must file a Declaration of Use with IMPI confirming that you are actively using the trademark in commerce in Mexico. Failure to file this declaration makes your registration vulnerable to cancellation for non-use. Additionally, your registration must be renewed every 10 years. We track all these deadlines for our clients and send reminders well in advance of each deadline.

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