Dear clients and friends,
As a follow-up to our previous bulletin, we would like to inform you that on April 3rd, 2026, the Decree amending, adding to, and repealing various provisions of the Federal Law for the Protection of Industrial Property (“LFPPI”) was published in the Federal Official Gazette, thereby entering into force.
Below, we highlight some additional relevant aspects beyond those discussed in our previously published bulletin:
1. 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 system in line with international standards.
2. Ownership of 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 Mexican Institute of Industrial Property ("IMPI" for its spanish acronym)
If resolved in favor of the claimant, the IMPI will order the reissuance of the corresponding title.
A specific administrative procedure is therefore established to safeguard the proper ownership of patents and registrations.
3. New procedure for the issuance of a mandatory resolution
The amendment introduces a new procedure aimed at preventing 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.
4.“Ambush marketing”
The amendment also introduces a new infringement in industrial property matters, as a clear sign of protection and institutional support for the FIFA World Cup football tournament:
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.
5. Use of artificial intelligence in infringements
The amendment provides that:
Infringements in industrial property matters will also be subject to sanctions when carried out through the use of artificial intelligence.
This expands the scope of the law to address emerging technologies.
6. Legislative Progress
Following approval by the President and its publication in the Official Gazette of the Federation (DOF), the amendment has entered into force, thereby concluding the legislative process and rendering the law binding and enforceable.
Conclusion
The approval of this amendment represents a decisive step toward the modernization of Mexico’s industrial property system, introducing measures that are more aligned with current market dynamics and strengthening the mechanisms for the protection of intellectual property rights.
At Ramos, Ripoll & Schuster®, we will be monitoring the practical implications of the amendment now in force for our clients.
Practice Area:
Intellectual Property
Authors:
Edmundo Elías-Fernández
Alejandro Ripoll García
Juan Rafael Amador-Espinosa
Daniela Márquez Ledezma
Sofía Castañeda García
Andrea Naomi Ramos Macías