On April 3, 2026, a decree amending, supplementing, and repealing various provisions of Mexico’s Federal Law for the Protection of Industrial Property (the “Decree”) was published in the Official Journal of the Federation. These changes are particularly significant for the protection of industrial property rights in Mexico, as they modify existing concepts, introduce new ones, and regulate additional scenarios in the area of administrative infringement.

While the Decree covers multiple areas of the law, some of the most relevant updates are discussed below.

Patents, Utility Models, and Industrial Designs

One of the most notable changes is the creation of a new procedure to claim ownership of a patent, which replaces several grounds for nullity that were previously established under Mexican law. The Decree also introduces the possibility of restoring priority rights when an application is filed outside the statutory deadlines.

Another important development is the introduction of provisional patent applications, a figure that did not previously exist in Mexico but is common in other jurisdictions. Under this mechanism, applicants may file a submission with minimum formal requirements to secure a filing date. The applicant will then have a non-extendable period of twelve months to file a complete formal application. Provisional applications will not confer priority rights over other applications, will not benefit from an earlier filing date beyond their own submission, and will neither be published nor examined.

The reform also establishes mandatory maximum timeframes for the Mexican Institute of Industrial Property (“IMPI”) to issue decisions regarding the grant or denial of rights. For patents, utility models, and industrial designs, the maximum period is one year from the commencement of substantive examination, while for integrated circuit layout designs, the timeframe is two months.

Additionally, a reinstatement mechanism has been introduced for applicants who fail to timely comply with formal or substantive requirements. In such cases, applicants may request reinstatement within fifteen business days following the missed deadline, provided they pay the applicable fee and simultaneously cure the omitted requirement.

Finally, the reform introduces a new type of supplementary certificate derived from unreasonable delays in the granting of sanitary approvals in Mexico. This certificate may grant up to five additional years of protection and is particularly relevant for industries such as pharmaceuticals.

Trademarks, Trade Dress, and Trade Names

The reform recognizes new types of trademarks that may now be registered in Mexico. These include position marks (the specific placement of a sign on a product), motion marks (animated sequences or changes in position), and multimedia marks (combinations of image and sound within a single registration).

New grounds for refusal of trademark registration have also been established, including the use of technical or commonly used terms, as well as elements lacking distinctiveness in relation to the goods or services they seek to distinguish. Additionally, the reform prohibits the registration of signs associated with the cultural heritage, knowledge, and expressions of Indigenous and Afro-Mexican communities, unless the application is filed by members of those communities with authorization from their general assembly.

The Decree further sets maximum timeframes for the resolution of trademark, slogan, and trade name applications. The Mexican authority must issue a decision within five months, counted from the deadline to respond to office actions or oppositions, or from the filing date if none are issued.

In addition, the new reform regulates the registration of changes in name, corporate name, legal denomination, or legal structure of the rights holder. Such changes must be recorded before IMPI to be enforceable against third parties.

Appellations of Origin and Geographical Indications

With respect to appellations of origin and geographical indications in Mexico, the Decree establishes maximum timeframes for resolving related procedures. A six-month period is set for the examination of applications for declarations of protection, and a five-month period is established for the final decision, counted from the time all requirements, objections, or oppositions have been addressed.

A maximum period of two months is also provided for authorizations of use and renewal decisions. Additionally, a five-month timeframe is established for recognizing appellations of origin and geographical indications that have been protected abroad.

Mandatory Resolution Procedure for Patents and Registrations

To ensure compliance with the newly established decision deadlines, the Decree creates a mechanism known as the Mandatory Resolution Procedure for Patents or Registrations.

If the Mexican authority fails to issue a final decision on patent applications, trademark registrations, renewals, or other proceedings within the applicable legal timeframe, applicants may request before a Specialized Technical Committee, established by IMPI’s Governing Board, to initiate this procedure. The Governing Board will have thirty days from the Decree’s effective date to establish the Committee and issue guidelines governing its structure and operation.

Administrative Infringement Proceedings

The Decree also introduces significant changes in the area of administrative infringement under Mexican law. Notably, it expressly provides that all infringements contemplated under the law may also be committed through the use of artificial intelligence.

Additionally, a new category of administrative infringement has been added to penalize acts carried out in the course of industrial or commercial activities that cause or induce confusion, error, or deception among the public by suggesting, without basis, the existence of an official sponsorship relationship between a trademark and a public or private mass event—commonly referred to as “ambush marketing.”

This change is particularly relevant considering Mexico’s role as a host country for the 2026 FIFA World Cup, making it essential for companies operating in Mexico to review their marketing strategies to ensure that their commercial activities do not create the impression of unauthorized sponsorship of large-scale events, as such conduct now constitutes a specific, sanctionable infringement.

Furthermore, the Decree authorizes the Mexican authority to impose more severe penalties from the first offense when warranted by the seriousness of the case, without the need to first apply lesser sanctions.

Transitional Provisions

Finally, the Decree’s transitional provisions establish that matters pending resolution at the time of its entry into force will be concluded in accordance with the legal provisions in effect at the time they were initiated.

The new Mandatory Resolution Procedure may also apply to patent and registration matters that remain pending as of the Decree’s effective date, once the Specialized Technical Committee has been formally established.

Regulations to the Federal Law for the Protection of Industrial Property

Following the publication of the Decree, on April 28, 2026, the decree issuing the Regulations to the Federal Law for the Protection of Industrial Property (the “Regulations”) was published in the Official Journal of the Federation, repealing the regulations issued in 1994, which had remained in force until now. The Regulations support and complement several of the provisions introduced by the reform, making their content particularly relevant for the implementation of the new regulatory framework governing industrial property in Mexico. Given their importance, in the coming weeks CCN will publish an additional article addressing the principal aspects and scope of the new Regulations.

At CCN we remain available to assist companies doing business in Mexico in complying with the obligations established under this new Decree.