April 7, 2026
On April 3rd, 2026, the Decree amending, adding, and repealing various provisions of the Federal Law for the Protection of Industrial Property (“LFPPI”) was published in the Federal Official Gazette, introducing significant changes to various components of Mexico’s industrial property system. The following outlines the main changes based on the amended articles:
a) General Provisions:
-Proof of Legal Capacity. (Article 27)
The reform incorporates an express authority for the Mexican Institute of Industrial Property (“IMPI”) to require, in cases of reasonable doubt, the submission of a document (Power of Attorney) which demonstrates the legal representative’s capacity.
-Specialized Technical Committee. (Article 327 Bis)
To ensure that industrial property rights are granted within the time limits established by law, a special Committee is established, which main function is to coordinate a procedure to determine whether there is a delay in the granting of an industrial property right and, if so, to require the IMPI´s Examiner in charge to rule on the matter immediately.
b) Industrial Creations:
-Procedure for claiming ownership of a patent from a party that was excluded by the applicant and had the right to be acknowledged as owner or inventor, and elimination of the related ground for invalidity. (Article 40 bis)
A third party may claim or request recognition of the status of patent owner or inventor through the corresponding procedure. If ownership is established, the IMPI shall order the reissuance of the patent title reflecting such change.
-Restoration of a Convention Priority Right. (Article 42)
The provision establishes that if the date of receipt of the application claiming a Convention priority right is after the deadlines set forth in the Paris Convention for the Protection of Industrial Property (twelve or six months), the restoration of such right may be requested, provided that it is done within two months following the original expiration date.
–Inclusion of provisional patents. (Article 105 Bis)
This legal figure is added to the Law, which is based on international practice (particularly that of the United States), and the main objective is to acknowledge the date on which the provisional application was filed as the filing date.
Such applications will not be published by the IMPI, but the final application must be filed within twelve months from the filing of the provisional patent application.
-Reduction of the time limit for issuing a decision on the merits for an application. (Article 111 Bis)
The law reduces the time limit for issuing a decision on the merits to one year. This provision is consistent with the Agreement recently published in the Federal Official Gazette by IMPI´s General Director, which established a maximum of two written requests/ Official Actions during the examination of the merits.
-Reinstatement of an application due to failure to comply with a requirement. (Article 113 bis)
An extraordinary provision is established to allow compliance with a requirement after the original deadline for doing so has expired. Compliance must be submitted within fifteen days following the original expiration of the deadline.
–Compensatory certificate for regulatory delays. (Article 136 bis)
Compensation is provided for delays in the granting of the Health Registration by the Federal Commission for the Protection against Sanitary Risks, in compliance with the obligations undertaken by the Mexican State under the USMCA; the compensation period may not exceed five years in any case.
c) Distinctive Signs:
-Expansion of the catalog of signs eligible for registration. (Article 172)
New categories of trademarks are expressly recognized, including positional, motion, and multimedia trademarks, as well as a more systematic approach to the combination of signs, as the wording is amended to expressly recognize that a trademark may consist of a combination of any of the listed elements, without being limited to specific categories.
-Signs Not Eligible for Registration as Trademarks. (Article 173)
It is established that technical or commonly used names, including words, designations, phrases, sounds, or figurative elements of the goods or services they are intended to distinguish, and which lack distinctiveness, shall not be eligible for registration; titles of periodicals and publications, fictional or symbolic characters, fictional human characters or stage names, and the names of artistic groups, when they are likely to generate an association with pre-existing rights or lack distinctiveness; signs that are identical or confusingly similar to elements that form part of the cultural heritage, traditional knowledge, or cultural expressions of indigenous and Afro-Mexican peoples and communities.
-Suspension of proceedings. (Article 228)
Provisions are incorporated regulating the suspension of trademark registration proceedings when invalidity, cancellation, or lapse proceedings related to relevant signs exist, as well as in cases where the resolution of an application depends on the outcome of other proceedings.
-New deadlines for IMPI action. (Various articles)
As part of the reform, maximum time limits are established for IMPI action at different stages of the procedure regarding industrial creations and distinctive signs, including the ruling on applications, publications, and administrative procedures.
d) Administrative Proceedings:
Administrative Infringement Proceedings via Electronic Means. (Article 328)
This provision establishes the possibility of filing and processing administrative infringement proceedings by electronic means, thereby advancing the digitization of procedures.
Artificial Intelligence. (Article 386)
A paragraph is added to the infringement provisions, establishing that the infringing conduct set forth in the other sections of the same article shall also be sanctioned if committed through the use of Artificial Intelligence tools.
Ambush Marketing. (Article 386)
The amendment to the LFPPI incorporates “ambush marketing” as grounds for an administrative infringement, recognizing that such practice constitutes a form of improper exploitation of the notoriety, prestige, or commercial value of events, trademarks, or distinctive signs without the authorization of their owners.
At Basham, Ringe y Correa, we have a specialized Intellectual Property team with the legal and technical expertise and depth necessary to guide our clients through this new regulatory landscape. We understand that legislative changes create both challenges and opportunities, and we are prepared to support our clients at every stage with a strategic approach, anticipating risks and maximizing the value of their intellectual assets.