Intellectual Property in Mexico

Can I register my trademark in Mexico?
What about the different patents and copyright?
Learn all about them and ensure their successful registration with us.

Page available in > ES

In this page you will learn about Intellectual Property in Mexico. Brealant files trademarks, patents, and copyright in Mexico.

We have an office in Mexico City (in the Polanco district) that acts as our HQ for Latin America. For this reason we can offer fast and low cost services. Feel free to contact us if you have any questions!
Brealant
Torre Polanco, Suite 1222
Calz. Gral. Mariano Escobedo 476
Anzures, 11590 Mexico City

About IP in Mexico

In Mexico there are two main governmental institutions that handle Intellectual Property: the Mexican Institute of Industrial Property (IMPI) is the establishment that manages and researches Trademarks and Patents; the National Institute for Author's Rights (INDAUTOR) is in charge of copyright management and legislation.
Director of the IMPI at an international WIPO conference.
Trademarks
Patents
Copyrights
Trademarks

A trademark is any visible sign that is perceived by the senses; this includes not only sight but hearing and smell, in accordance with the Law of Industrial Property.

Trademarks distinguish products or services in the market. They can consist of one or more elements.

When these elements are words, numbers, colors, logos or their combination, it is a traditional brand.
An aroma, a sound, a hologram, the three-dimensional shape of packages or products and the commercial image can be registered as a trademark as well, but these are known as non-traditional
trademarks.

Our trademark registration service
Patents

You can protect your invention with a patent as long as it meets the following three technical specifications:

  1. That the invention is new in the world. This feature is known as "novelty."
  2. That the invention offers a unique solution to a human need; this means that it solves a technical problem that any expert in the field could not easily solve. This quality is called "inventive activity".
  3. That the invention can be commercially exploited in some branch of economic activity; this means, that it has an "industrial use".


A patent can protect your invention throughout the country for 20 years.


Your patented inventions promote research, technological development and drive the generation of new products or processes that facilitate daily life, while commercialization gives you economic benefits!


If you have a creation that could be patented, the next step is contacting us so we can do the appropriate research for previous inventions to identify if there are no other  similar or equal to yours, as the Law of Industrial Property does not allow patents similar or identical to those that already exist.


Our patent registration service
Copyrights

Copyright is the recognition made by the State in favor of all creators of literary and artistic works provided in the article 13 of the Mexican Law, under which it grants its protection so that the author enjoys prerogatives and exclusive privileges of personal and economic character. The former involves the moral rights; and the latter, the economic rights. The person referred as the author is the natural person who has created a literary or artistic work.

What type of works are protected?

  • Literary works;
  • Musical works, with or without lyrics;
  • Dramatic works;
  • Dance;
  • Pictorial or drawn artworks;
  • Sculptural and plastic artworks;
  • Cartoons and comics;
  • Architectural works;
  • Cinematographic and other audiovisual works;
  • Radio and television programs;
  • Computer programs;
  • Photographic artworks;
  • Works of applied art;
  • Compilation works, consisting of collections of works such as encyclopedias, anthologies, and other elements such as databases, provided that such collections by their selection or the disposition of their content or materials constitute an intellectual creation.

The other works that by analogy can be considered literary or artistic works will be included in the branch that is closer to their nature.

Under moral rights, it is up to the author to determine if their work can be disclosed and in how, or to keep it unpublished; the author can also demand the recognition of the created work's author's quality, and having its disclosure made as anonymous or with  a pseudonymous; the author may demand respect for their work, opposing any distortions, mutilations or other modifications of it, as well as any action or attack that may damage to the author's reputation; they may also modify their work; withdraw their work from commerce; and oppose that the author be attributed a work that is not of their creation.

These moral rights are considered attached to the author and are inalienable, indefeasible, unwaivable and non-seizable.

Under the economic rights, the author has the right to exploit their own works exclusively, or to authorize others to exploit them in any way, within the limits established by the Mexican Copyright Law and without prejudice to ownership of moral rights.

The validity of these rights lasts for the entire life of the author and, after the author's death, one hundred years more. When the work belongs to several co-authors, the one hundred years will be counted from the death of the last one, and one hundred years after its release.

After the terms provided in the previous paragraphs, the work will enter the public domain.

We are ready to help you protect your business. If you need more information, feel free to ask us any questions.

Contact us


Brealant Mexico


Polanco Tower, Suite 1222
Calz. Gral. Mariano Escobedo 476
Anzures, 11590 Mexico City


+52 55 4739 2597