Rules to the Federal Law for the Protection of Industrial Property

Since the entry into force of the Federal Law for the Protection of Industrial Property (hereinafter, the “Law”) in 2020, Mexico operated without specific rules for such statute, with the Rules to the Industrial Property Law of 1994 being applied, to the extent applicable.

Within the framework of the amendments to the Law published in April 2026, as well as in anticipation of the review of the Mexico-United States-Canada Agreement (hereinafter, the “USMCA”), on April 28, 2026, the Rules to the Federal Law for the Protection of Industrial Property (hereinafter, the “Rules”) were published in the Official Gazette of the Federation, finally providing the Law with its own regulatory framework and updating operational rules before the Mexican Trademark and Patent Office (hereinafter, the “MTPO”).

The main aspects thereof are summarized below:

I. Entry into force and transitional regime.

The Rules will enter into force sixty business days following their publication and repeal the Rules to the Industrial Property Law of 1994. The online infringement proceeding will have deferred implementation, subject to the issuance of the corresponding administrative order. Matters currently pending will continue in accordance with the rules in force at the time of their filing.

II. Patents.

The Rules develop provisions applicable to patents, utility models and industrial designs, including priority, prior disclosure, divisional applications, provisional applications, biological material deposits, genetic resources, traditional knowledge, compulsory licenses and patents related to allopathic medicines.

III. Trademarks.

Non-traditional marks, acquired distinctiveness, consent and trademark coexistence, classification of goods and services, collective, certification, well-known and famous marks, trade names, franchises and linked marks are regulated. Provisions are also included regarding Indigenous or Afro-Mexican cultural heritage, declarations of use and renewals.

IV. Enforcement and digital enforcement.

The Rules strengthen enforcement proceedings, including infringements, nullity, lapse, cancellation and ownership claims. They also incorporate references to platforms, profiles, digital accounts and virtual establishments, and regulate provisional measures, inspections, seizure of goods, blocking of digital media and the future online infringement proceeding.

V. Sanctions, damages and compensation.

Provisions on fines, continuing infringements, closures and additional sanctions are clarified. Likewise, the processing before the MTPO of damages and compensation claims is incorporated.

VI. Technology transfer.

The Rules regulate the Technology Transfer Registry. The recordal of certain agreements and instruments will not be a requirement for validity between the parties, but will be a condition for them to produce effects against third parties.

VII. Alternative Dispute Resolution Mechanisms.

The Rules provide that the MTPO may promote alternative mechanisms, particularly conciliation within infringement proceedings. Any resulting agreements may have binding effects and the effect of administrative res judicata once ratified.

Taken together, the Rules update Mexico’s industrial property operational framework and will require companies, entrepreneurs, rights holders and other stakeholders within the business, productive, commercial, creative and innovation ecosystem to review their protection, maintenance and enforcement strategies.

Should you require further guidance, please do not hesitate to contact our experts.

Yours sincerely,

Cannizzo