Mexico has been part of the Madrid Protocol since 2013, so foreign owners can either designate Mexico in an international application or file directly before IMPI. Madrid is efficient for multi-country portfolios; direct filing gives more control over the Spanish specification and Mexico-specific strategy. Either way, if IMPI issues a refusal, a Mexican attorney must respond, and the third-year declaration of use still applies.
Side by side
| Madrid designation | Direct filing before IMPI | |
|---|---|---|
| Best for | Portfolios covering many countries | Mexico as a key or first market |
| Specification | Translated from your base application | Drafted in Spanish for Mexican practice |
| Dependency | Depends on your home registration for five years | Independent |
| Objections | Require local counsel to respond | Handled by your Mexican counsel from day one |
| Declaration of use | Applies | Applies |
Our honest take
If Mexico is one of many markets and your specification is straightforward, Madrid usually makes sense. If Mexico is a priority market, your goods need careful Spanish wording, or you expect conflicts, direct filing often costs less over the life of the mark because it avoids fixing a translated specification later.
Going the other way: from Mexico to the world
Madrid also works outward. A Mexican company with an application or registration at IMPI can file a single international application through IMPI and designate the United States, the European Union, Canada and other member countries, paying one base fee to WIPO plus a fee per country. It's often the most efficient way for a Mexican brand to expand, as long as the Mexican base mark is solid. See US trademarks from Mexico.
Frequently asked questions
Is Mexico a member of the Madrid Protocol?
Yes, since 2013. You can designate Mexico in an international application filed through your home office.
Do I need a Mexican attorney if I use Madrid?
Not to designate Mexico, but if IMPI issues a provisional refusal, the response must be filed through local counsel.
Does the declaration of use apply to Madrid registrations?
Yes. Owners of international registrations covering Mexico must also declare use after the third year.
Not sure which route fits?
Tell us your portfolio and target markets. We'll recommend a route and quote it, in English.
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