Amendment to the Federal Law for the Protection of Industrial Property: What Changes in Trademarks and Contentious Proceedings?

On March 18, 2026, a comprehensive amendment to the Federal Law for the Protection of Industrial Property was approved, modifying more than 200 provisions of the current legal framework.

Beyond the technical changes, the amendment confirms a clear trend: increased procedural efficiency, a shift toward digitalization, and a strengthening of enforcement in industrial property matters in Mexico.

Below, we highlight some of the most relevant changes in trademarks and litigation:

• Protectable Assets expressly regulated

New categories of non-traditional trademarks are expressly introduced, including position marks, motion marks, and multimedia marks, giving certainty to entities applying for the protection of these figures.

• New Grounds for Refusal

The grounds for non-registrability are adjusted. Notably, the reference to copyright reservations as an impediment to registration is eliminated, while specific restrictions are introduced regarding titles of periodical publications, characters, stage names, and names of artistic groups, unless the corresponding rights holder has granted consent. Additionally, protection is strengthened for elements linked to cultural heritage, traditional knowledge, and cultural expressions of Indigenous and Afro-Mexican communities.

• Faster Proceedings

Specific timeframes are introduced for IMPI to issue decisions in opposition proceedings, trademark applications, renewals, and recordals of trademark licenses. The Institute is also empowered to correct certain formal elements of applications ex officio.

• Strategic Suspension of Applications

A new ground for suspension is introduced when prior registrations cited as obstacles are subject to nullity, cancellation, revocation, or termination actions, or when the corresponding decision is under appeal.

• New Mechanism to Address IMPI Delays

A procedure is created to compel the authority to issue a decision when it exceeds the statutory time limits, which may become a useful tool to address administrative delays.

• Expanded Powers of IMPI

The amendment expressly strengthens IMPI’s authority. Among other aspects, IMPI will now be able to hear not only nullity, cancellation, and revocation proceedings, but also claims regarding ownership of registrations, as well as actions seeking the termination of the effects of commercial name publications.

• Digitalization of Enforcement

The amendment also promotes the electronic management of proceedings before IMPI, including the possibility of conducting administrative infringement actions through electronic means. This lays the groundwork for more agile interaction with the authority and for the evolution of enforcement in digital environments.

• Infringement and Emerging Trends

Ambush marketing is expressly incorporated as a form of infringement, and it is clarified that infringing conduct remains punishable even when carried out through the use of artificial intelligence.

• Relevant Changes in Contentious Matters

It is established that any change in the name, corporate name, or legal structure of the owner of a registration or application must be recorded before IMPI in order to be enforceable against third parties.

The amendment confirms a shift in the direction of Mexico’s industrial property system. IMPI is no longer limited to a purely registral role and is instead assuming a more active position in dispute resolution and in the supervision of legal compliance, while also moving toward increasingly digitalized procedures.

In practice, this anticipates an environment in which proceedings may move more quickly, but also with greater intervention by the authority and new dynamics in enforcement, particularly in digital contexts. This new framework will require adjustments in trademark protection, defense, and enforcement strategies in Mexico.

OLIVARES will continue analyzing the practical implications of this amendment and will be issuing additional newsletters with further detail on the topics discussed above. We remain at your disposal to assess its specific impact on trademark portfolios, oppositions, and contentious strategies.