Intellectual property protects creations of the mind: distinctive signs, inventions, designs and works. Mexico splits it into two branches: industrial property (trademarks, patents, industrial designs, trade secrets), handled by IMPI under the Federal Law for the Protection of Industrial Property, and copyright (works, software, content), registered with INDAUTOR under the Federal Copyright Law.
The two branches: industrial property and copyright
Industrial property covers what you use in trade and industry: the name you sell under, your logo, the product you invented, the shape of your packaging, the process nobody else knows. The authority is the Mexican Institute of Industrial Property (IMPI), and in almost every case the right arises from registration.
Copyright protects works: books, photos, music, video, illustration, software, social media content. Here the right arises on creation, with no registration, but a certificate from the National Copyright Institute (INDAUTOR) is the best evidence that the work is yours and since when.
Types of protection, authority and term
| Right | What it protects | Authority | Term |
|---|---|---|---|
| Trademark | Name, logo, slogan, shape, sound or any sign that distinguishes your goods or services | IMPI | 10 years from grant, renewable indefinitely |
| Commercial slogan (aviso comercial) | Phrases that advertise your business or products | IMPI | 10 years, renewable |
| Trade name | The name of the establishment or business | IMPI (publication) | 10 years, renewable |
| Patent | New inventions with inventive step and industrial application | IMPI | 20 years from filing, non-extendable |
| Utility model | Functional improvements to objects, tools or devices | IMPI | 15 years from filing, non-extendable |
| Industrial design | The appearance of a product: shape, lines, colors | IMPI | 5-year terms, renewable up to 25 years |
| Trade secret | Confidential information with commercial value: recipes, processes, customer lists | Not registered | As long as it stays secret |
| Copyright | Literary, artistic, musical and audiovisual works, and software | INDAUTOR (optional registration) | Author's life plus 100 years |
| Reservation of rights | Titles of publications, names and features of characters, stage names | INDAUTOR | Depends on the type, renewable |
Which one does your business need?
- If you sell anything under a name (almost everyone): register the trademark. It's the cheapest, fastest protection and the one your customers see.
- If you invented a product or a technical improvement: assess a patent or utility model before showing it in public.
- If your edge is how your product looks: industrial design.
- If you create content, software or art: copyright, plus clear contracts with whoever hires you.
- If your edge is a recipe or a process: trade secret, protected with NDAs and internal policies.
- If you will franchise or license: registered trademark first, then contracts.
What an IP law firm does
An IP firm helps you decide what to protect, registers it correctly, answers the authority's objections, watches for anyone filing something similar and defends you if someone copies you. At Carigalta IP we handle the full cycle: trademark registration, patents and designs, copyright, contracts and licensing, and litigation before IMPI and the courts, plus trademark filings in the United States and Europe.
Frequently asked questions
What is intellectual property, in a few words?
The set of rights that protect creations of the mind with commercial or artistic value: trademarks, inventions, designs, trade secrets and works. They let you stop others from using them without your permission.
What's the difference between industrial property and copyright in Mexico?
Industrial property (trademarks, patents, designs) is handled by IMPI and generally arises from registration. Copyright protects works, arises on creation and can be registered with INDAUTOR as evidence of authorship.
Who registers intellectual property in Mexico?
IMPI (Mexican Institute of Industrial Property) registers trademarks, patents, utility models and industrial designs. INDAUTOR (National Copyright Institute) registers works and reservations of rights.
Can an idea be protected?
Not on its own. What's protected is its concrete expression: the brand you sell it under, the invention that executes it, the work that embodies it or the confidential information that makes it work.
Not sure what to protect first?
Tell us about your business. We'll tell you what to protect, in what order, and what you can skip.
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