By Jose Alberto Mérida  | Industrial Property Specialist 

Introduction 

One of the least understood yet most practically significant aspects in the management of international trademarks designating Mexico is the absence of formal accreditation of a legal representative before the Mexican Institute of Industrial Property (IMPI). 

Although, at first glance, the holder of an international trademark may believe that their relationship exists solely with WIPO (World Intellectual Property Organization), in practice, all proceedings following the designation of Mexico are handled directly before IMPI, which acts as the designated office. 

Without formal accreditation of a legal representative, IMPI lacks an authorized person or address to which notifications can be sent. This has serious procedural consequences and may even result in the loss of trademark rights simply due to the holder’s lack of awareness of ongoing actions. 

Legal Basis and Administrative Practice 

The Federal Law for the Protection of Industrial Property (LFPPI), together with its applicable Regulations, establishes that all IMPI proceedings must be notified either to the interested party or to their duly accredited legal representative in the corresponding file. 

When the holder of an international trademark does not appoint a representative in Mexico, IMPI has no procedural domicile within the national territory, which makes personal service of notifications impossible. 

Consequently, pursuant to Article 19 and related provisions of the LFPPI, as well as the General Rules on Industrial Property Matters, IMPI proceeds to make notifications by publication in the Industrial Property Gazette. 

Such notifications have full legal effect; however, in practice, they often go unnoticed when there is no accredited representative monitoring the case. 

The Practical Problem: Notifications by Gazette 

When no legal representative is appointed, all IMPI actions — including provisional refusals, oppositions, office actions, or even notices of cancellation — are published in the Gazette without personal notification. 

This poses a clear procedural risk: 

• Deadlines begin to run from the date of publication, often without the holder’s knowledge. 

• There is no email address, postal address, or direct channel through which IMPI can notify the holder. 

• Gazette notifications are not automatically received by trademark owners or their foreign associates. 

The result is that decisions may become final and unchallengeable simply due to the lack of effective notice to the owner. 

Examples of Actions That May Go Unnoticed 

Among the most common actions that IMPI may notify are the following: 

1. Provisional refusals based on prior conflicting marks. 

2. Third-party oppositions filed during the publication period. 

3. Office actions requiring clarification or correction of formal irregularities. 

4. Notices of cancellation due to failure to file the declaration of use. 

5. Notices of abandonment or final refusals. 

6. Occasionally, reminders related to the declaration of use. 

In all these cases, response deadlines are strict and preclusive (generally two months), meaning that failure to respond in time results in the loss of the opportunity to defend the case and, ultimately, the registration itself. 

The Role of the Legal Representative in Mexico 

The legal representative or local correspondent fulfills an essential function: 

• Establishes a procedural domicile in Mexico. 

• Allows IMPI to deliver personal or electronic notifications. 

• Monitors publications, deadlines, and procedural actions in the file. 

• Submits briefs, arguments, or appeals in due time and form. 

Accreditation is carried out through the submission of the official IMPI form along with a valid Power of Attorney or Letter of Authorization, duly signed by the trademark holder. This documentation must be filed directly in the national file derived from the international designation. 

Once accredited, IMPI officially recognizes the representative, and all notifications are addressed to their name, ensuring procedural continuity and legal security for the holder. 

Risks of Not Having an Accredited Representative 

The main risk is the loss of rights due to lack of notification and, consequently, loss of the opportunity to defend those rights. 

Without a local representative: 

• The holder may never learn of a provisional refusal or an opposition. 

• Deadlines may expire without response, resulting in the definitive refusal of the registration. 

• In the case of international renewals, failure to file the declaration of use in Mexico may lead to the automatic cancellation of the designation. 

In simple terms: without representation, the trademark owner is effectively absent from the Mexican proceedings. 

Impact on International Trademarks Under the Madrid Protocol 

Within the framework of the Madrid System, WIPO notifies IMPI of international designations, grants, or renewals. 

However, once Mexico is designated, all subsequent proceedings are handled locally before IMPI. 

Therefore, it is the responsibility of the holder or their international agent to: 

• Appoint a local representative as soon as the mark is “protected in Mexico.” 

• Maintain such representation active for future renewals or declarations of use. 

If no representative is accredited, any subsequent action — such as a cancellation proceeding or opposition — will only be notified by publication in the Gazette, which can easily go unnoticed. 

Illustrative Example 

Suppose a foreign company obtains protection for its international trademark in Mexico under Registration No. IR 123456. 

Three years later, IMPI issues a requirement to submit the declaration of use. 
As no representative is appointed, the notice is published in the Gazette. After three months, the mark is automatically cancelled. 

The company remains unaware of this event. 

When it later attempts to renew the mark through WIPO, Mexico already considers the protection cancelled. 

All of this could have been easily avoided by accrediting a Mexican legal representative to receive the notification and file the declaration on time. 

Benefits of Having Local Representation 

• Timely receipt of all official IMPI notifications. 

• Monitoring of deadlines and active file supervision. 

• Local translation and advice regarding requirements or office actions. 

• Prevention of cancellations or abandonments. 

• Timely defense against oppositions or refusals. 

In practice, the local representative is the only effective means of ensuring that IMPI actions do not go unnoticed. 

Conclusion 

Accrediting a legal representative in international trademark files in Mexico is not a mere administrative formality — it is an essential protective measure to safeguard the holder’s rights and ensure the continuity of trademark protection in Mexican territory. 

In the absence of representation, IMPI has no one to notify, and all communications are made through the Gazette — a public medium that does not guarantee effective awareness of such notices. 

Therefore, appointing a legal representative in Mexico is both a practical and strategic necessity — not only to comply with legal requirements but also to preserve the validity and timely defense of trademark rights. 

The recommendation for all foreign holders or overseas law firms is clear: 
Appoint a local representative as soon as the mark is designated or protected in Mexico, and maintain ongoing communication with your correspondent to avoid any procedural contingencies. 

Please contact us for further details; we will be pleased to provide you with professional advice.