If your brand is being copied in Mexico: don't confront the infringer or call them out on social media; document the copy (dated screenshots, URLs, test purchases); identify whether it's a trademark, design or copyright problem; and choose the route: a cease-and-desist letter, a platform takedown, an infringement action before IMPI or provisional measures. Having the mark registered in Mexico completely changes the strength of your position.
First: don't do this
The natural reaction is to send the copycat a furious message, expose them on social media or threaten them with "the full weight of the law." All three are mistakes. A badly worded message can tip the infringer off to delete evidence; a public call-out can backfire (defamation); and an empty threat costs you credibility when you do act.
Second: understand what kind of copy it is
"They copied us" can mean legally very different things, and each has its own route:
They copied your trademark (name or logo)
If your mark is registered in Mexico, you have the strongest route: an infringement action before IMPI. If it is not registered here, your position is much weaker. A registration abroad doesn't count; trademark rights are territorial.
They copied your product or design
This is industrial design and patent territory. If you registered the design in Mexico, you have an action; if not, the route is more complex (unfair competition) and less certain.
They copied your content (photos, text, video)
That's copyright, and the good news is that protection arises on creation, and Mexico recognizes works from other treaty countries. Registration with INDAUTOR still gives you very useful evidence of authorship.
Third: the real legal routes
- Cease-and-desist letter: a well-drafted legal letter that often solves the problem on its own. Its strength is showing that you're serious and know your rights.
- Infringement action before IMPI: the administrative route for registered trademarks and designs. It can end in fines and an order to stop. This is how we handle IP litigation.
- Provisional measures: in urgent cases you can request the immediate withdrawal of products or takedown of listings while the merits are decided.
- Platform notices: if the copy is on a marketplace or social network, there are reporting mechanisms to take infringing content down.
What almost nobody knows: in many cases a single well-drafted letter is enough to make the copy disappear. The average infringer doesn't want a fight with a law firm; they want an easy target. Stop being one.
When do you need a lawyer, and when not?
If the copy is minor and isolated, reporting it to the platform is sometimes enough. But if money is at stake, the infringer is a repeat offender or your brand is seriously exposed, handling it alone usually ends up costing more than doing it right from the start. A badly drafted demand can close legal doors you'll need later.
Frequently asked questions
Where do you report trademark infringement in Mexico?
Before IMPI, by filing a request for an administrative declaration of infringement. If the copy is online, it can also be reported to the platform.
Can we do anything if our mark isn't registered in Mexico?
Your position is weaker, but there may be routes such as unfair competition or prior use. Register as soon as possible and get advice.
Does our US or EU registration protect us in Mexico?
No. Trademark rights are territorial. To act against infringement in Mexico you need a Mexican registration, or at least a strong prior-use or well-known-mark argument.
Being copied right now?
Send us what you've found. We'll tell you honestly how strong your position is and the fastest route to stop it.
Someone is copying us