An intellectual property attorney protects the intangible assets of individuals and companies in Mexico: registering trademarks and patents before the IMPI, managing copyrights before INDAUTOR, and defending those rights against infringement. At KNR Abogados we cover the full cycle: registration, monitoring, licensing, and litigation of industrial and intellectual property.
What is intellectual property and how is it protected in Mexico?
In Mexico, intellectual property covers two main branches. Industrial property — trademarks, patents, utility models, industrial designs, and trade secrets — is governed by the Federal Law for the Protection of Industrial Property (LFPPI, in force since November 2020) and administered by the Mexican Institute of Industrial Property (IMPI). Copyright — literary, artistic, musical, and audiovisual works, as well as software — is governed by the Federal Copyright Law and managed by INDAUTOR. Together, both branches make up what the law and practice call intellectual property rights.
Registration: first in time, first in right
The Mexican trademark system is based on the first-to-file principle: with few exceptions, rights belong to whoever files the application with the IMPI first, not to whoever used the sign first. That is why timely registration of trademarks, slogans, and trade names is the most profitable preventive investment for any company. A trademark registration protects for ten renewable years; a patent, for twenty non-extendable years from filing.
International protection
From Mexico it is possible to extend protection abroad through the Madrid Protocol (trademarks) and the Patent Cooperation Treaty (PCT), in addition to the reinforced obligations of USMCA Chapter 20. We design portfolio strategies that prioritize the markets where your company operates or will manufacture, supported by our network of specialized correspondents.
This content is informational and does not constitute legal advice. Every case requires individual analysis.
Trademark registration before the IMPI
Availability searches, filing and prosecution of the application, responses to office actions, obtaining the registration certificate, renewals, and declarations of use.
Patents and industrial designs
Protection of inventions, utility models, and industrial designs: patentability analysis, claim drafting, and prosecution through grant.
Copyright
Registration of works before INDAUTOR, reservations of rights for exclusive use, assignment and license agreements, and protection of software and digital content.
Industrial property litigation
Infringement, invalidity, and lapse proceedings before the IMPI and the federal courts, including defense against piracy and unfair competition.
Trademark portfolio management
Watch services for new applications, renewal calendars, and national and international protection strategy via the Madrid Protocol.
Licensing and technology transfer
Franchises, use licenses, non-disclosure agreements (NDAs), and transfers of rights, recorded before the authority where applicable.
Resolvemos tus dudas
How do I register a trademark in Mexico and how long does it take?
The application is filed with the IMPI, online or in writing. If there are no objections or oppositions, the process is usually resolved in four to six months. Protection lasts ten years from the filing date and is indefinitely renewable. Before filing, an availability search is advisable to detect conflicting registrations.
What is the difference between industrial property and copyright?
Industrial property protects signs and creations with commercial or technical application — trademarks, patents, designs, trade secrets — and is processed before the IMPI. Copyright protects creative works — texts, music, software, audiovisual works — and arises upon creation; INDAUTOR registers them. "Intellectual property" is the umbrella term for both.
What can I do if someone uses my trademark without authorization?
An administrative infringement action can be filed with the IMPI, which may include provisional measures such as seizure of merchandise or closure of the establishment. Once infringement is declared, the LFPPI allows claiming damages of no less than 40% of the sale price of the infringing goods or services.
Can I protect my Mexican trademark in other countries?
Yes. Through the Madrid Protocol, a single international application designating dozens of countries can be filed based on the Mexican application or registration. For patents, the PCT route is available. The right strategy depends on the markets where the company operates or plans to operate.
Does copyright require registration to exist?
No: protection arises from the moment the work is fixed in a tangible medium. However, registration before INDAUTOR provides a presumption of ownership that greatly facilitates any defense or negotiation, so we always recommend it for commercially valuable works.
Anticipate. Protect. Scale.
Free legal assessment
Answer a short questionnaire (under 2 minutes) and our team will send you an assessment of your compliance and a strategic proposal for your operations in Mexico.
