Mexico’s Industrial Property Framework Under Revision: Key Insights into the Proposed Amendments to the Federal Law for the Protection of Industrial Property

Mexico is on the verge of a significant modernization of its industrial property framework. On March 10, 2026, the Senate approved a proposed amendment to the Federal Law for the Protection of Industrial Property ("Mexican IP Law" for its Spanish acronym), and on March 18, 2026, the Chamber of Deputies approved the draft decree with 447 votes in favor. The amendment now awaits approval by the President and publication in the Federal Official Gazette (Diario Oficial de la Federación) to enter into force.

Below, we present the most relevant aspects of this amendment and its practical impact for businesses, inventors, and industrial property rights holders.

1. Maximum Timeframes for IMPI Proceedings

One of the most significant changes introduced by the amendment is the establishment of maximum timeframes within which the IMPI must issue final decisions. This measure seeks to prevent excessive delays and provide greater legal certainty for applicants.

The established maximum timeframes include:

• Trademark or trade name registration application: 5 months
• Trademark renewal: 3 months
• Patent application: 4 years
• Industrial design registration: 2 years
• Trademark license recordal: 2 months

2. Introduction of a "Deemed Approval" Mechanism

The amendment proposes introducing a deemed approval mechanism (affirmative administrative silence) in industrial property matters, which constitutes a significant innovation in this field.

In general terms, if the IMPI fails to resolve an application within the established timeframe, an additional non-extendable period of 15 days will be granted to issue and notify the corresponding decision. Should no resolution be issued within that period, favorable administrative silence would apply, meaning the application would be deemed approved.

This measure aims to ensure greater efficiency in administrative procedures and prevent unjustified delays.

3. New Types of Trademarks

The amendment expressly recognizes new categories of distinctive signs, expanding the scope of trademark protection:

• Position marks: protect the specific placement of a sign on a product (for example, a logo consistently placed on a particular part of a shoe or garment).
• Motion marks: consist of signs that include animations or sequences of movement.
• Multimedia marks: combine visual and sound elements simultaneously.

These categories are incorporated into the provisions governing types of trademarks, modernizing the Mexican system in line with current international standards.

4. Ownership Claims for Patents and Registrations

A new provision is introduced allowing the rightful party to claim ownership where a patent or registration has been granted to a person not entitled to obtain it. In particular:

• The entitled party may claim ownership at any time, provided that the right remains in force.
• Such claim is processed through an administrative proceeding before the IMPI.
• If resolved in favor of the claimant, the IMPI will order the reissuance of the corresponding title.

This establishes a specific administrative procedure to safeguard the proper ownership of patents and registrations, addressing situations where rights have been improperly obtained.

5. New Procedure for the Issuance of a Mandatory Resolution

The amendment introduces a new internal procedure aimed at preventing unjustified delays in the resolution of patent and registration proceedings. In general terms:

• If a proceeding has not been resolved within the applicable legal timeframes, the applicant may request the initiation of this procedure.
• The request will be referred to a Specialized Technical Committee within the IMPI.
• This Committee will review the file and determine whether the issuance of a mandatory resolution is appropriate.
• Where applicable, the competent authority will be ordered to issue a final decision within a specified timeframe.

This mechanism operates as a control and acceleration tool, aimed at preventing unjustified delays within the IMPI.

6. Regulation of Artificial Intelligence

The amendment introduces specific provisions regarding the use of artificial intelligence (AI) in the industrial property field. It establishes that the use of AI to commit industrial property infringements may be subject to sanctions. This seeks to prevent practices such as the generation of misleading content, unauthorized replication of trademarks, and misappropriation of designs or trade secrets through automated systems.

These provisions expand the scope of the MEXICAN IP LAW to address the legal challenges posed by emerging technologies, ensuring that technological development advances responsibly while respecting intellectual property rights.

7. New Prohibitions on Trademark Registration: Protection of Cultural Heritage

Among the relevant proposed changes, the amendment establishes that signs that imitate or reproduce elements of the cultural heritage of Indigenous peoples or Afro-Mexican communities may not be registered as trademarks, in order to prevent their misappropriation.

This measure aims to protect traditional cultural expressions and traditional knowledge from unauthorized commercial use.

8. Ambush Marketing as a New Infringement

The amendment also introduces a new infringement category in industrial property matters, partly reflecting institutional support for the FIFA World Cup to be hosted in Mexico:

• The creation of a false or misleading sponsorship relationship between a trademark and a public or private large-scale event is subject to sanctions.

This seeks to address "ambush marketing" practices, where companies improperly associate themselves with events without authorization. For example, during major events such as the FIFA World Cup, a company may carry out advertising campaigns that lead the public to believe it is an official sponsor when it is not. Under the amendment, this type of conduct may be sanctioned.

Conclusion

This amendment represents a decisive step toward the modernization of Mexico's industrial property system. By introducing maximum timeframes, a deemed approval mechanism, new trademark categories, and protections against AI-driven infringements and cultural misappropriation, the amendment creates a more agile and predictable legal framework for businesses, inventors, and rights holders operating in Mexico.

At Ramos, Ripoll & Schuster^®, we will continue to closely monitor the publication and entry into force of the amendment, as well as its practical implications in real-world scenarios.

Authors:

Edmundo Elías-Fernández  |  Partner  |  eelias@rrs.com.mx

Alejandro Ripoll García  |  Partner  | aripoll@rrs.com.mx

Juan Rafael Amador Espinosa  |  Senior Associate | ramador@rrs.com.mx

Daniela Márquez Ledezma  |  Associate  | dmarquez@rrs.com.mx

Sofía Castañeda García  |  Jr. Associate  |  scastaneda@rrs.com.mx

Andrea Naomi Ramos Macías  |  Staff  |  nramos@rrs.com.mx