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Transferring a registered design as part of a sale, licence, or restructure needs to be properly documented, often notarised or apostilled, and recorded with IMPI. Our team at Brealant prepares the assignment and manages the transfer.
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What Design Assignment Involves
Assignment, under the Ley Federal de Protección a la Propiedad Industrial, is the legal transfer of ownership of a registered design or design application from one party to another.
Purpose and Function of Recordal
Recordal updates the IMPI Designs register to reflect the new owner, supporting their ability to enforce, license, and deal with the design.
Protecting the Transaction
Properly documenting, legalising where needed, and recording the transfer protects both parties and makes it enforceable against third parties in Mexico.
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Contact
Tell Brealant about the design(s) and the nature of the transfer.
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Search
We confirm the current registration details and ownership status on the IMPI Designs register.
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Quote
Receive a fixed-fee quote based on the number of designs involved.
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Pay
Proceed with secure payment for the assignment service.
File
Brealant prepares the deed, arranges any required apostille and Spanish translation, and files the recordal with IMPI.
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Wait
IMPI processes the recordal and updates the register.
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Response
You receive confirmation once ownership is updated on the register.
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In Mexico, a design transfer is only as strong as its documentation and recordal. A signed deed of assignment, properly legalised or apostilled and translated where the parties are foreign, followed by a recordal request to IMPI, is the clearest way to make sure the change of ownership is properly reflected and enforceable.
An unrecorded transfer can create uncertainty about who owns the design and complicate enforcement or licensing before IMPI. Brealant keeps the register accurate and supports the new owner's position from the outset.
Recordal is important, but it has limits
Doesn't Validate a Bad Deal
Recordal reflects the transfer; it doesn't cure defects in the underlying commercial agreement.
Doesn't Renew the Design
Assignment and renewal are separate processes — a transferred design still needs its 5-year renewals paid on schedule.
Doesn't Change the Design
You can't use a transfer to alter the registered representations.
Doesn't Re-Examine Novelty
Recordal doesn't repeat IMPI's substantive review; it simply updates who owns the already-examined registration.
Doesn't Resolve Disputes
If ownership itself is disputed, recordal won't resolve the underlying dispute.
Brealant flags any of these issues during the transfer process so nothing is missed.
A properly recorded transfer protects
The New Owner's Rights
Clear, documented legal ownership recognised by IMPI.
Enforcement Ability
The new owner's standing to pursue infringement action based on the design.
Deal Certainty
The commercial transaction — sale, restructure, or licence — that the transfer is based on.
Future Dealings
The ability to further assign, license, or use the design without ownership disputes.
Brealant makes sure every transfer is properly documented so these protections are secured.
The transfer process typically follows these stages
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Instruction
You confirm the designs, parties, and transaction details with Brealant.
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Drafting & Legalisation
We prepare or review the deed of assignment and arrange any required apostille and translation.
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Execution
The assignor and assignee sign the documentation.
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Recordal
We file the recordal request, and IMPI updates the register.
Once properly legalised documentation is filed, IMPI typically records the change of ownership within a few weeks to a couple of months.
Transfer costs are modest relative to the transaction they support
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IMPI charges a modest official fee per design, in Mexican pesos, to record a transfer.
Brealant's professional fee covers preparing the deed, arranging legalisation and translation, and managing the recordal, quoted as a fixed amount.
Brealant flags any of these issues during the transfer process so nothing is missed.
Once the transfer is recorded, Brealant can take over ongoing renewal tracking and enforcement for the new owner, so the transition is seamless.
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It isn't required for the transfer to be valid between the parties, but it's important for the new owner's rights to be recognised and protected against third parties.
Yes, both pending applications and registered designs can be assigned.
Foreign-executed assignment documents generally need to be apostilled or legalised, and translated into Spanish, before IMPI will record them.
Yes, we regularly coordinate Mexican recordals alongside transfers of corresponding designs in other jurisdictions.
Once properly legalised documentation is filed, IMPI typically records the change of ownership within a few weeks to a couple of months.
Yes, licensing keeps ownership with you while granting usage rights to another party, and recording the license with IMPI helps protect both sides' interests.
IMPI charges an official recordal fee, plus Brealant's fixed professional fee for preparing and filing the documentation — we quote both in advance.
Typically a signed assignment agreement, apostilled or legalized as needed, a Spanish translation, and details of both parties and the design registration involved.
Yes, a single assignment agreement can cover multiple designs, which Brealant can record with IMPI together or separately as needed.
It can be valid between the parties, but recording protects the new owner's position against third parties and keeps IMPI's public register accurate.
Discover more insights and stay informed about the latest in intellectual property with Brealant's blog. From expert advice on trademark registration and patent protection to strategies for safeguarding your brand in a competitive market, our resources are here to empower your business. .
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