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

Personality rights are among several measures the government must take to maximise the potential of the music licensing market, say lawyers
Pascal Faure, director general of INPI, explains why keeping a cool head is key, and discusses plans to leverage IP assets to secure funding
Lawyers at Carpmaels & Ransford explain how the healthcare sector has not simply participated in the UPC’s early years, but actively shaped it
The firm has hired former in-house counsel Quintin Cassady to lead the launch of the new office
The combined firm has strong IP credentials across the US, Middle East, UK and Europe, despite Taylor Wessing’s German and French practices not joining
Priya Nagpal, who this month became the firm’s eighth IP partner, says its cross-practice expertise in areas closely linked to IP was a key draw
Harm van der Heijden is to join Ankar as head of patent innovation after 17 years in private practice
Alabama attorney Miya Aladebumoye has launched a new firm built on ‘big law’ experience and a personal touch approach
A UKIPO campaign aimed at combating fakes in the pre-loved fashion market and registration of the first Portuguese craft and industrial geographical indication were also among the top talking points
Chris Adams, Managing IP’s research lead, joins us to explain what practitioners need to know ahead of our first rankings release of 2026
Gift this article