For US sellers
Trademark registration in Mexico for Amazon sellers
Your USPTO registration stops at the border. Amazon Mexico does not.
For US sellers
Your USPTO registration stops at the border. Amazon Mexico does not.
Trademark rights are territorial. A registration granted by the USPTO protects you in the United States and nowhere else. The moment you list on Amazon Mexico you are selling in a country where, as far as the register is concerned, your brand belongs to nobody — or to whoever files first.
In Mexico the registration is granted to whoever files first. Prior use in the United States, however long and however documented, does not by itself give you the Mexican registration.
Mexican law gives you a specific action. A registration can be declared null when it is identical or confusingly similar to a mark that was used in Mexico or abroad before its filing date, for the same or similar goods, provided you prove uninterrupted use before that date (article 258, fraction II, of the Mexican Industrial Property Law). Partial nullity is available, so the attack can be limited to the goods that actually overlap.
That action runs for five years from publication of the registration in the Gazette. After that it is gone.
And if the person who filed your brand is a distributor, a licensee, an agent, or anyone who had a direct or indirect relationship with you, nullity can be sought at any time, with no five-year limit (article 258, fraction V). The same applies to a registration obtained in bad faith (fraction VI).
So a hijacked brand on Amazon Mexico is often recoverable. It is simply far more expensive and far less certain than having filed first.
Amazon requires an active registered trademark, or a pending application, issued by the designated government trademark office of a country where there is an Amazon store. Mexico has an Amazon store, so a mark filed before IMPI qualifies.
Two details that matter for a US seller:
One requirement to plan for: the account must be opened by the trademark owner. An authorized agent cannot enroll the brand on your behalf, only be added as a user afterwards. So the Mexican registration has to be in the name of the entity that will hold the Brand Registry account.
The pattern repeats. A seller does well on Amazon.com, expands to Amazon Mexico, and within months someone else is on the listing — or worse, has filed the brand name before IMPI and is using that registration to get the real owner taken down.
Without a Mexican registration there is very little to answer with. With one, the takedown tools work the way they were designed to.
Within the three months following the third anniversary of the grant, the owner must declare real and effective use, and protection continues only for the goods or services on which use was declared. If nothing is filed, the registration lapses by operation of law, with no notice from IMPI (article 233 of the Mexican Industrial Property Law).
The registration itself runs ten years from the date it was granted — not from the date it was filed — renewable indefinitely (article 178). We track both dates.
Around 30% of our trademark portfolio is filed for foreign owners, including companies based in the United States and Europe. Working from abroad is not an exception here; it is a large part of what we do.
Brand Registry enrollment is per country: a brand needs an active registered trademark in each marketplace where it enrolls. A USPTO registration covers the United States. For Amazon Mexico you need a Mexican registration before IMPI. Confirm current requirements on Amazon’s Brand Registry eligibility page, since accepted offices change.
No. Trademark rights are territorial. A USPTO registration gives you rights in the United States only. In Mexico the registration is granted to whoever files first, so your US registration does not stop a third party from filing your brand there.
USD 500 plus VAT per mark and per Nice class, with the official IMPI fees included · plus 16% VAT. One application covers one class, so the total depends on how many classes your products fall into.
Up to five months. Since the amendment to the law of 3 April 2026 that is the statutory maximum when there are no requirements and no oppositions. We deliver the availability opinion in the first week and file within two weeks.
If they registered your brand before IMPI, Mexican law allows a nullity action based on prior use of the mark in Mexico or abroad, within five years of the registration being published, and with no time limit at all where the filer was a distributor, agent or anyone with a relationship to you, or acted in bad faith (article 258 of the Mexican Industrial Property Law).
No. A foreign individual or company can own a Mexican registration outright. You need a Mexican address for service, which we provide as your representatives, and a power of attorney.
USD 500 plus VAT per mark and per class, official IMPI fees included · plus 16% VAT. You do not need a Mexican company: a foreign individual or company can own a Mexican registration outright. What is required is a Mexican address for service, which we provide as your representatives, and a power of attorney.
We are in Mexico City, on central time, so our working hours overlap with yours.
Related: US vs Mexican trademark · Nearshoring to Mexico