On April 28, 2026, the Regulations of the Federal Law on the Protection of Industrial Property were published in the Official Gazette of the Federation. These regulations repeal the Regulations of the Industrial Property Law and implement various provisions introduced by current legislation, as well as by its recent amendments.
The Regulations provide for a 60-business-day grace period. This period allows users and authorities to adapt operationally to the new regulatory framework. Additionally, the online infringement procedure will be implemented at a later date, subject to the issuance of specific provisions.
In general terms, the Regulation strengthens electronic processing before the Mexican Institute of Industrial Property (IMPI), establishes operational rules for the various entities within the system, and provides greater clarity on issues that had required clarification since previous reforms, including the 2018 trademark reform.
Below are explanations of some of the main changes in this regulation:
1. Entry into force and transitional rules: The Regulation establishes that pending matters will continue to be processed in accordance with the provisions in force at the time of their filing. However, it provides for the possibility that certain ongoing proceedings may benefit, where appropriate, from new tools provided for in the Regulation itself, particularly regarding alternative dispute resolution mechanisms.
2. Electronic proceedings, signatures, and notifications: The rules applicable to online proceedings are elaborated in greater detail, including the use of electronic signatures, the management of digital files, and the system for electronic notifications. These provisions reinforce the importance of actively monitoring deadlines and communications within the IMPI’s systems.
3. Coexistence of trademarks and consent: The Regulations incorporate specific guidelines for express consent between owners in cases of coexistence of distinctive signs, providing greater clarity on the requirements and scope of these concepts in administrative practice.
4. Declaration of Use and Renewals: Operational aspects regarding declarations of use and renewals are clarified, including scenarios where non-compliance may result in automatic consequences, such as the expiration of registrations.
5. Appellations of origin and geographical indications: The regime for appellations of origin and geographical indications is extensively developed, including procedural and operational rules that may impact various actors in the production and commercial chain.
6. Enforcement and procedures: The Regulations detail various aspects related to the processing of enforcement procedures, including inspections and measures, and incorporate explicit references to the digital environment, such as online platforms or accounts.
7. Technology transfer and alternative mechanisms: Provisions are included regarding the registration of technology transfers and alternative dispute resolution mechanisms, such as administrative conciliation, which opens up new alternatives for conflict management and the structuring of legal strategies.
The Regulations strengthen the rules governing the conduct of proceedings, particularly those conducted online, and provide greater operational clarity regarding various aspects of the industrial property system; however, their practical implementation will require close monitoring, especially regarding the operation of online proceedings and the application of the new provisions.
At Von Wobeser y Sierra, S.C., we are available to address any questions or inquiries regarding the entry into forcé of the Regulations and their practical implications.
Patricia Kaim, Partner +52 (55) 5258-1013 | pkaim@vwys.com.mx
Adrián Martínez, Associate +52 (55) 5258-1038 | admartinez@vwys.com.mx
Efrén Sánchez, Associate +52 (55) 5258-1050 | efsanchez@vwys.com.mx