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

Cookies Settings

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

Yonatan Drori, attorney at Drori-Stav IP in Israel, explains why foreign counsel must treat Israel’s patent disclosure requirements as an ongoing obligation, rather than a one-off formality
From Japan to Southeast Asia, domestic and regional firms picked up some of the biggest prizes, while key foreign players maintained momentum
Earlier this month, Managing IP had exclusively reported that the French arm of Taylor Wessing was minded to pull out of the deal
Our latest podcast examines how Weil’s IP practice evolved, where its practitioners could (and will) go next, and which firms and markets stand to benefit from the redistribution of talent
Former Latham partner Chris Henry and transactions lawyer Liza Cotter are heading to the firm as Weil’s IP practice starts to disperse
Rival IP teams return to court for a closely watched appeal over AI and copyright, but observers hoping for answers to some of the technology’s biggest legal questions may be left disappointed
Eight years after its launch, members of the Australian patent firm’s Singapore office explain its growth strategy over the past year
Lawyers at Bowmans Kenya discuss the digital blind spots posed by the transition from physical ledgers to cloud databases and digital co-development models
The Powell Gilbert co-founder discusses the confidence required to launch a firm, building an enduring patent litigation practice and why developing the next generation has changed her measure of success
Cabinet M Oproiu’s Raluca Vasilescu explains why AI is changing what clients expect from patent attorneys, where the technology is overhyped and what the next generation will need to do differently
Gift this article