April 14, 2026
On March 18, 2026, the Mexican Congress approved major amendments to the Federal Law for the Protection of Industrial Property.
Among the most relevant changes, the amendments expressly incorporated into the catalogue of infringements what is commonly known as ambush marketing. This inclusion is consistent with the proximity of a major international event for which Mexico will serve as a co-host, namely the 2026 FIFA World Cup.
Ambush marketing refers to the improper exploitation of the notoriety of an event, most commonly sporting events, to create in the public’s mind the perception that a company or brand is associated with or linked to such event, without having obtained official authorization or sponsorship..
These practices have been subject to regulation in various jurisdictions, often with limited success, due to the challenge of balancing the protection of official sponsors’ rights and the preservation of commercial exclusivity in large-scale events, with the commercial freedom of third parties.
In this context, the reform to the Federal Law for the Protection of Industrial Property introduces, as an administrative infringement, a provision that captures certain elements commonly associated with ambush marketing, as follows:
Article 386.- The following constitute administrative infringements:
[…]
II.- Carrying out, in the course of industrial or commercial activities, acts that cause or induce the public to confusion, error, or deception, by making it believe or wrongly assume:
[…]
e) The existence of an official sponsorship relationship between a trademark and a public or private mass event.
From the above, it follows that any conduct leading the public to believe that a trademark is an official sponsor of an event, when in fact it is not, may be subject to sanctions.
It should be noted that the definition of ambush marketing incorporated into the law may likely be challenged before the courts on the grounds that it is not sufficiently clear and, therefore, may infringe the principle of legal certainty and specificity, which requires Congress to define the infringing conduct with precision and clarity.
This said, it must be considered that this legal definition does not encompass all conducts that may doctrinally be considered as ambush marketing; however, its inclusion represents a significant first step toward regulating and discouraging these practices, which may discourage sponsorship and undermine the investment of official sponsors.
This does not mean that companies are prohibited from developing campaigns with themes related, for example, to football or the atmosphere of an international event. However, such campaigns must be carefully structured to avoid creating an unlawful association or confusion among consumers, and, consequently, to avoid being subject to the sanctions established by law, namely temporary or permanent closure and fines of up to 29 million Mexican pesos, equivalent to more than a million and a half US Dollars.
Under this new framework, even indirect references, creative allusions, or evocative elements may require prior legal assessment to ensure compliance with the applicable legal boundaries.
Accordingly, it is advisable for companies to proactively review their advertising strategies, marketing campaigns, and commercial communications related to such events, in order to mitigate risks and ensure compliance with the applicable legal framework. Each case should be assessed individually, taking into account the degree of association that may be created with the event or its official sponsors.
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.
Sincerely,
Eduardo Kleinberg
Adolfo Athie
Juan Carlos Hernandez
Eduardo Castañeda
Mariana Vargas
Santiago Zubikarai
Mario Uribe