Trademarks

Your brand is not really yours until you register it: the risks of not registering in Mexico

Your brand is not really yours until you register it: the risks of not registering in Mexico

· Trademarks

Building a business takes years of effort. Losing the right to use its name takes one application, filed by someone else, in an afternoon.

Mexico grants rights to the first to file

Using a name in commerce, however long and however publicly, does not create a trademark right in Mexico. The register does. If a third party files your name first and obtains a registration, that party can demand you stop using it, and you are the one who has to prove bad faith to get it cancelled.

What you are exposed to without a registration

You cannot stop a competitor using a confusingly similar name. You cannot demand a takedown from a marketplace, because their process requires a registration number. You cannot license the brand, because you have nothing to grant. You cannot include it in a valuation, and any serious investor will treat it as a red flag in due diligence. And you may be forced to rebrand after years of building recognition.

What registration gives you

Exclusive use in the classes you registered, for ten years, renewable indefinitely, plus the right to enforce against infringers and the ability to license or sell.

Where to start

With a search. We run the availability search and give you a written opinion at no cost, so you know whether your name is registrable before you spend anything.

See the original post

Leer esta publicación en español

Free, no commitment

Find out if your trademark can be registered

Four out of every ten marks that reach us cannot be registered as they stand. We search the IMPI database and send you a written opinion before you spend anything on official fees.

Prefer to write? Message us on WhatsApp.

Free guide

The 7 costliest mistakes when registering a trademark in Mexico

The seven that cost a business the most, with the legal basis for each. Leave your email and we send it now.

More on Trademarks


Previous Molsam Advisory turns one: five lessons on building a firm and protecting your brand Next Can you own a colour in Mexico?