Mexico: Mexico begins to accept non-conventional trademarks

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Mexico: Mexico begins to accept non-conventional trademarks

Sponsored by

olivares-400px.jpg

The reform of August 10 2018 to the Mexican Industrial Property Law substantially changed the Mexican trademark landscape. Among the most relevant changes brought by this legislative reform, particularly the acceptance on behalf of the Mexican Institute of Industrial Property (IMPI) of non-conventional trademark applications – such as smell and sound trademarks – positions Mexico today at the forefront of innovation.

Article 88 of the Mexican Industrial Property Law, defines what is generally understood as a trademark. Notwithstanding the aforementioned, the two elements (clarity and precision), are to be transposed, respectively, into the wordings of the representation and the description.

From the perspective of an applicant, a sound mark can be represented by a pentagram, phonogram or onomatopoeia, and it can be described by words that indicate the instruments used in such reproduction, the notes and any other characteristic that defines the sound in question.

When it comes to scent marks, it is a whole different matter. For example, the description may establish what a smell is, so that the exact information regarding the organoleptic characteristics of the sign in question can be transmitted. However, what should the representation contain? And what is the scope of protection of the trademarks in terms of enforcement?

Since the average consumer is unlikely to perceive so many odours and may do so in different ways to the description, the scope of protection will be hard to determine and its enforcement may face obstacles which are not to be underestimated.

romero.jpg

María Romero


Olivares

Pedro Luis Ogazón No 17

Col San Angel

01000 México DF

Tel: +5255 53 22 30 00

Fax: +5255 53 22 30 01

olivlaw@olivares.com.mx

www.olivares.com.mx


more from across site and SHARED ros bottom lb

More from across our site

AI, cybersecurity and data practice group will provide clients with legal guidance around AI alongside a 'deep technical foundation’ in IP
Lawyers at Vondst and Biopatents say a ruling concerning the protected status of trade secrets could see the UPC flooded with requests to prevent access to confidential information
Sharad Vadehra of Kan & Krishme discusses why older IP firms still have an edge over up-and-coming boutiques and how the firm is using AI to provide quick and cost-effective service
Lawyers at Appleyard Lees share how they picked apart a plant breeder’s infringement claims concerning the ‘Tango’ mandarin
A further decision on long-arm status, and a new hire for Pentarc in Germany from Taylor Wessing were also among top developments
The US decision marks a rare grant of a request under the Uniform Fraudulent Transfer Act in a patent case
Stobbs has applied to strike out a contempt of court application filed against the firm and two of its lawyers
With trademark volumes surging, trademark teams need to think beyond traditional clearance searches, towards a continuous, intelligence-led workflow, says Meghan Medeiros of Corsearch
Brazilian in-house counsel say law firms’ technology investments have not translated into tangible benefits, meaning tech use is a minor factor when selecting advisers
A lack of comfort among some salaried partners shows why law firms must actively foster inclusion, not merely focus on diversity mandates
Gift this article