On April 28, 2026, the new Regulation of the Federal Law for the Protection of Industrial Property (hereinafter the "Regulation") was published in the Official Gazette of the Federation and will enter into force sixty business days after publication (July 2026). This instrument repeals the Regulation of the Industrial Property Law, which had remained in force for over thirty years.
The main pillars of the Regulation are the following:
- Trademarks
The rules applicable to distinctive signs are updated and developed on several fronts:
a) Representation of new types of trademarks.
The Regulation governs the non-traditional trademark types recognized by the Federal Law for the Protection of Industrial Property (“LFPPI” for its initials in Spanish): sound, smell, position, motion, and multimedia marks. For these types of signs, the application must include a clear and precise description that allows the scope of protection to be determined.
b) Letters of consent and coexistence agreements.
Also noteworthy is the reinforcement of the consent mechanism between holders of similar trademarks, by establishing more precise requirements for its validity and review by the Mexican Institute of Industrial Property (“IMPI” for its initials in Spanish).
In this regard, when the owner of a prior right grants consent to the applicant of a distinctive sign for their coexistence, such consent must go beyond a simple authorization and include specific elements aimed at preventing confusion, such as: (i) identification of the commercial origin of each sign and its respective products or services; (ii) applicable limitations or exclusions; (iii) delineation of commercial sectors or target consumers; and (iv) any additional measures intended to prevent mistaken association between the marks.
c) Acquired distinctiveness through use.
The Regulation defines for the first time when a trademark is considered to have acquired distinctiveness in the national territory through commercial use, establishing as criteria the prolonged and exclusive use of the sign in accordance with industry practices, and the identification of the goods or services with the sign and its association with the manufacturer or provider. A non-exhaustive list of evidence that may be used to establish such acquired distinctiveness is also included.
d) Trademark use.
It is clarified that trademark use may be established, among other circumstances, through a significant number of commercial transactions (not sporadic or apparent), as well as through external acts of sale, distribution, commercialization, or storage.
e) Indigenous and Afro-Mexican cultural heritage.
In line with the most recent amendment to the LFPPI, the Regulation provides that trademark applications including elements of indigenous or Afro-Mexican cultural heritage must be accompanied by the original authorization certificate from the relevant community general assembly, in accordance with applicable legislation.
f) Appellations of Origin and Geographical Indications.
The Regulation creates a full chapter dedicated to appellations of origin and geographical indications. Among other matters, it establishes a comprehensive framework that governs: (i) IMPI's authority to delegate the exercise of protection actions for these figures to a third party; (ii) the requirements for requesting the corresponding authorization of use and its renewal; and (iii) the powers of persons authorized to use an appellation of origin or geographical indication to associate for the purpose of promoting the protection and dissemination of the protected product.
g) Dissolution of linked trademarks.
The formal requirements for requesting the dissolution of linked trademarks are regulated. The request must be filed by the holder, clearly identify the registrations or pending applications involved, and expressly state the intention to dissolve the link.
- Patents
Among other relevant changes, the following aspects regarding inventions are introduced:
a) Provisional patent application.
This mechanism allows inventors to secure a filing date while completing the preparation of technical documentation. The Regulation sets out the formal requirements and establishes that additional subject matter not included in the provisional application will not benefit from that earlier filing date for purposes of substantive examination.
b) Disclosure of the origin of genetic resources.
An obligation is introduced to disclose the origin of the genetic resources or traditional knowledge associated with those resources on which the invention is based. If the patent could not have been developed without such resources or knowledge, the applicant must declare the source. If the source is unknown, the applicant must state so under oath.
c) Compensation for administrative delays.
The Regulation specifies the periods that will be considered reasonable delays for purposes of patent term compensation: (i) the eighteen-month period for publication of the application once the formal examination has been approved; (ii) the two-month period during which IMPI may receive third-party information after publication; and (iii) the time elapsed between the expiration of both periods and the issuance of the first official action in the substantive examination.
- New Online Infringement Procedure
The Regulation establishes a fully digital procedure for reporting infringements of industrial property rights. The case file is assembled, managed, and resolved electronically.
This chapter will not enter into force simultaneously with the rest of the Regulation; its implementation will be subject to the publication of an Agreement, for which the competent authority will have a maximum period of eighteen months from the date of entry into force of the Regulation.
- Conciliation
A significant addition is the regulation of alternative dispute resolution mechanisms within the administrative infringement declaration proceedings before IMPI, with the support of facilitators appointed by the same administrative authority.
The resulting agreement will be binding on both parties and will be final (res judicata) once ratified by the competent authority.
At the election of the parties involved, conciliation will be available for proceedings that are currently in progress, to the extent applicable, from the first day the Regulation enters into force.
- Electronic signatures and certified copies
It is expressly established that, for proceedings before IMPI, any electronic signature complying with applicable regulations may be recognized by Agreement, and such signatures will carry the same legal value as a handwritten signature.
Additionally, IMPI is granted the authority to issue certified copies electronically, which will carry the same effect and evidentiary value as wet-ink originals.
In conclusion, the new Regulation modernizes the operation of the Mexican industrial property system, while also aligning it with the LFPPI, its subsequent amendments, and with international standards.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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