IP litigation in Mexico is mainly conducted before IMPI (infringement, invalidation, non-use cancellation and other administrative proceedings) and, on review, before the Specialized Intellectual Property Chamber of the Federal Court of Administrative Justice and the federal courts. Carigalta IP represents owners of trademarks, patents and copyright both to stop copies and to defend against claims.
What we litigate
- Trademark infringement: someone uses your mark or a similar one without permission. We seek to stop the use, have fines imposed and products withdrawn.
- Provisional measures: in urgent cases IMPI can order goods withdrawn or acts suspended while the merits are decided.
- Invalidation: cancel a registration that should never have been granted, such as a mark filed in bad faith or identical to your earlier one.
- Non-use cancellation: free up a mark that blocks yours because its owner stopped using it.
- Oppositions: stop a third-party application similar to your mark within a month of its publication in the Gazette.
- Defense: if you're accused of infringing, we analyze the claim and build your defense or a negotiated way out.
- Appeals and amparo: we challenge IMPI decisions before the Federal Court of Administrative Justice and the federal courts.
- Online and marketplaces: takedowns of infringing listings on social networks and online stores, and domain name disputes.
How we handle a dispute
- Diagnosis: we review your registrations, the evidence and the real strength of your position, and tell you honestly whether it's worth fighting.
- Evidence: we help you document the infringing use before it disappears.
- Formal demand: a well-drafted letter often solves the problem without litigation.
- Proceedings: if that isn't enough, we file the action before IMPI or the competent court and see it through to a decision.
How much does IP litigation cost?
It depends on the type of proceeding, the urgency and the available evidence. Filing an infringement, invalidation or cancellation action before IMPI carries an official fee of MXN 1,564.27 (2026, VAT included), plus professional fees. We quote by stage after the diagnosis, so you know what each step costs before you take it.
Frequently asked questions
Where is trademark infringement prosecuted in Mexico?
Before IMPI, through a request for an administrative declaration of infringement. In urgent cases you can ask for provisional measures to stop the infringement while it's decided.
Can we sue if our mark isn't registered in Mexico?
Your position is much weaker. Without a registration there's no trademark infringement as such, although other routes may exist, such as unfair competition or prior use to seek invalidation of someone else's registration.
What is non-use cancellation?
Loss of a registration because its owner stopped using the mark or failed to file the declaration of use. A third party can request cancellation of an unused mark that stands in its way.
How long does an IMPI proceeding take?
It varies with complexity and whether the decision is appealed. An out-of-court demand can resolve things in weeks; a contested proceeding usually takes months.
Facing an IP dispute in Mexico?
Tell us what's happening. We'll give you an honest read of your position and the options, in English.
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