Short answer
If a third party uses a mark identical or confusingly similar to yours, first confirm that your mark is registered with the Mexican Institute of Industrial Property (IMPI) and for which goods or services. Gather evidence of the unauthorized use. You can then send a cease-and-desist letter and, if the use continues, file an administrative infringement action before IMPI, which may include provisional measures. Using a mark confusingly similar to a registered one for the same or similar goods or services is an administrative infringement under the Ley Federal de Protección a la Propiedad Industrial (LFPPI, art. 386, sec. XVII).
Evidence you need
- Your trademark registration certificate.
- Dated screenshots of web pages, social media and online stores, with URLs.
- Test purchases with invoice or receipt, and the packaging.
- Where useful, a notarial certification of web pages or publications.
- Evidence of actual confusion: misdirected calls, reviews or orders.
What IMPI can order
In proceedings for an alleged violation, IMPI may order, among other measures, the withdrawal of infringing goods from circulation and of infringing packaging, advertising and similar materials (LFPPI art. 344). To obtain provisional measures, the applicant must generally post a bond or deposit sufficient to cover the harm the measure could cause to the other party (LFPPI art. 345, sec. II). At the end of the proceedings IMPI may impose fines and other sanctions.
| Action | Before |
|---|---|
| Cease-and-desist letter | Directly to the infringer |
| Infringement declaration | IMPI |
| Provisional measures | IMPI (with bond) |
| Damages | IMPI incidental claim (LFPPI 397) or court, as applicable |
| Platform takedown | Marketplaces and social networks |
Counterfeits in the distribution channel
When counterfeit products or a look-alike brand appear in your distribution channel, document where they are sold, buy samples with proof of purchase and keep photos and listings. With that evidence you can assess the letter, the IMPI action and, if a distributor is involved, the remedies in its contract.
Common mistakes
- Threatening without a registration.
- Not keeping dated evidence.
- Waiting too long.
Frequently asked questions
Can social media posts be taken down?
Yes. Most marketplaces and social networks have intellectual-property complaint procedures; a Mexican registration certificate usually supports the request.
Is copying a trademark a crime?
Counterfeiting for commercial gain can be a crime; other cases are administrative infringements. The administrative route is usually faster to stop the use.
Can we act without a registration?
It is very difficult. Registration is the basis of protection; register as soon as possible and keep evidence of prior use.
Can we recover damages?
Yes. Once IMPI has declared the infringement and the decision is enforceable, the owner may claim damages incidentally (LFPPI art. 397).
What if we are the ones accused?
Do not ignore the letter. Check the other mark's registration, classes and date, and whether you used yours earlier; defences such as prior good-faith use or non-use may apply.
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