(855) 851-5000






What is the importance of registering a trademark?

For the consumer, the brand is what distinguishes one product from another, regardless if it is closely related or even if the products offered are of the same type.  This creates brand loyalty which is a valuable asset reflected in the financial statements of a business under the category “goodwill” or “intangibles”.

That brand is what will ultimately generate in the public that awareness of quality of the product or service that is being offered.  It will make a different impression from the rest of the products of the competition.

Therefore, the registration of the trademark and its corresponding logo is an important and necessary process, when introducing a new product or service in the market or entering a new market with an existing brand. The object is to obtain exclusivity by its use, and thus prevent others from exploiting it.

Otherwise, anyone could present to the public similar products or with characteristics so identical that they could generate confusion with consumers and weaken the effort that was invested in the brand.  This will correspond in a financial loss for the business.

In Mexico, the regulatory body called the Mexican Institute of Industrial Property (IMPI), has the legal authority to administer the country’s intellectual property system. This means that it will be responsible for registering the trademarks filed and having a global registration that prevents two trademarks with similarities that could lead to confusion.

Trademarks are registered with IMPI by filing the appropriate documents with samples of the trademark and logo and by providing as much detail as possible as to color and letter font or size. An element that is equally important is a comprehensive description of the product or services that is associated with that trademark. Vague or ambiguous terms will lead to unnecessary contestation or, worse, impossibility to defend the trademark in the event of a contestation. For example, a client recently registered (on their own) a trademark in Mexico associated with “swimming pool cleaning and maintenance”.  Within days they received multiple notices of contestation from numerous competitors attempting to defend their trademarks as the service was so vague that it may infringe on their trademark.  MexLaw intervened, settled all the claims by withdrawing the vague trademark application and filing a new one with a more precise specification of the product.  This represented unnecessary delays and expenses to the business.

Another particularity of filing a trademark application with IMPI is the speed with which they are considered and approved. This indicates that it does not necessarily do a thorough examination and review of its registers to identify potential conflicting names.  Therefore, it is up to the trademark owner to monitor applications and quickly file oppositions in the event of possible conflicts.  IMPI will respond with an initial reply (whether confirming or reject the complaint) and then the trademark owner must enforce that decision by taking legal action to have counterfeited products destroyed or removed from the market.

Finally, another difference with Mexican trade names (name of the corporation) and those in other jurisdictions is that the corporation’s business name does not benefit from exclusive protection as is the case elsewhere in North America.  For example, a client recently incorporated a Mexican subsidiary of its American counterpart with the same name.  Several months later it became aware that a Mexican Company registered a trademark like its Corporate name.  All attempts to have this trademark cancelled or modified failed as Corporate names in Mexico are not trademarks and therefore do not benefit from any protection.  Therefore, it is strongly recommended to register a trademark although the name of the corporation is similar to the trademark being registered.  Especially if the product or service provided is associated with that name.

It is therefore recommended that if you intend to establish a business in Mexico, and start making use of a trademark, consult an expert lawyer on the subject. They can advise and support you in the registration process, which will provide legal certainty in its use, and avoid the possibility that your trademark may violate the rights previously obtained by another person. Once the registration has been validly obtained with IMPI, it will entitle you to the exclusive use of the trademark, which will generate protection that can be exercised through civil and criminal actions when any third party infringes that right.

We use cookies to personalise content and ads, to provide social media features and to analyse our traffic. We also share information about your use of our site with our social media, advertising and analytics partners.By using this site, you agree to our Privacy Policity
Cookies settings
Privacy & Cookie policy
Privacy & Cookies policy
Cookie name Active

Privacy Policy

What information do we collect?

We collect information from you when you register on our site or place an order. When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address or mailing address.

What do we use your information for?

Any of the information we collect from you may be used in one of the following ways: To personalize your experience (your information helps us to better respond to your individual needs) To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you) To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs) To process transactions Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested. To administer a contest, promotion, survey or other site feature To send periodic emails The email address you provide for order processing, will only be used to send you information and updates pertaining to your order.

How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to?keep the information confidential. After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be kept on file for more than 60 days.

Do we use cookies?

Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information We use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits, keep track of advertisements and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business. If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still place orders by contacting customer service. Google Analytics We use Google Analytics on our sites for anonymous reporting of site usage and for advertising on the site. If you would like to opt-out of Google Analytics monitoring your behaviour on our sites please use this link (https://tools.google.com/dlpage/gaoptout/)

Do we disclose any information to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.


The minimum information we need to register you is your name, email address and a password. We will ask you more questions for different services, including sales promotions. Unless we say otherwise, you have to answer all the registration questions. We may also ask some other, voluntary questions during registration for certain services (for example, professional networks) so we can gain a clearer understanding of who you are. This also allows us to personalise services for you. To assist us in our marketing, in addition to the data that you provide to us if you register, we may also obtain data from trusted third parties to help us understand what you might be interested in. This ‘profiling’ information is produced from a variety of sources, including publicly available data (such as the electoral roll) or from sources such as surveys and polls where you have given your permission for your data to be shared. You can choose not to have such data shared with the Guardian from these sources by logging into your account and changing the settings in the privacy section. After you have registered, and with your permission, we may send you emails we think may interest you. Newsletters may be personalised based on what you have been reading on theguardian.com. At any time you can decide not to receive these emails and will be able to ‘unsubscribe’. Logging in using social networking credentials If you log-in to our sites using a Facebook log-in, you are granting permission to Facebook to share your user details with us. This will include your name, email address, date of birth and location which will then be used to form a Guardian identity. You can also use your picture from Facebook as part of your profile. This will also allow us and Facebook to share your, networks, user ID and any other information you choose to share according to your Facebook account settings. If you remove the Guardian app from your Facebook settings, we will no longer have access to this information. If you log-in to our sites using a Google log-in, you grant permission to Google to share your user details with us. This will include your name, email address, date of birth, sex and location which we will then use to form a Guardian identity. You may use your picture from Google as part of your profile. This also allows us to share your networks, user ID and any other information you choose to share according to your Google account settings. If you remove the Guardian from your Google settings, we will no longer have access to this information. If you log-in to our sites using a twitter log-in, we receive your avatar (the small picture that appears next to your tweets) and twitter username.

Children’s Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.

Updating your personal information

We offer a ‘My details’ page (also known as Dashboard), where you can update your personal information at any time, and change your marketing preferences. You can get to this page from most pages on the site – simply click on the ‘My details’ link at the top of the screen when you are signed in.

Online Privacy Policy Only

This online privacy policy applies only to information collected through our website and not to information collected offline.

Your Consent

By using our site, you consent to our privacy policy.

Changes to our Privacy Policy

If we decide to change our privacy policy, we will post those changes on this page.
Save settings
Cookies settings