Mexico: Trade mark implications of new import requirements

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: Trade mark implications of new import requirements

Tax avoidance involving the import of undeclared trade marked items has led the Mexican Customs authorities to change the regulations governing the information that must be submitted.

Over the last few years the Mexican Customs authorities have detected an increasing importation problem of sub-valued goods. The problem arises when companies importing goods into the Mexican market do not mark the goods with the brand names they will be sold under.

In this way many companies were able to report a lower value of imported goods. The goods were not bearing any trade mark, and that made it possible for the importers to pay a lower tax rate since the value of goods that are not branded is much lower than that of products supported by a well-known trade mark.

Although this is originally a tax problem, the Mexican government made an attempt to attack it from both tax and IP perspectives.

Accordingly on January 27 2016 the Mexican Customs authorities published a new regulation known as Rule 3.1.17, which included an additional requirement for the importers of several products to provide certain information related to the trade marks that the imported goods will bear.

In addition, it has become a common practice of Mexican Customs brokers assisting the importing companies to request from their clients (the importing company) a letter granted by the trade mark owner (or its local representative) confirming authorisation to import and sell the goods using their trade mark.

This sort of letter is not required by the Mexican regulations nor Customs officers but by private Customs brokers to make sure the importing company is not infringing third parties' rights and that the goods imported are original products and not counterfeit.

ramirez.jpg

Victor Ramirez


OlivaresPedro Luis Ogazón No 17Col San Angel01000 México DFTel: +5255 53 22 30 00Fax: +5255 53 22 30 01olivlaw@olivares.com.mxwww.olivares.com.mx

more from across site and SHARED ros bottom lb

More from across our site

Sources say the judge could return to a disputes or mediation-focussed role, though others have questioned whether the Texas court will remain a litigation hotspot in his absence
Sheppard, which has hired 14 IP partners in the last 12 months, has cited client demand for expert counsel in SEP, ITC, and district court disputes
Tingxi Huo joins our ‘Five minutes with’ series to discuss boosting the value of clients’ IP and the importance of reflection
Hefty legal teams assembled for a three-day hearing in what was the court’s first foray into SEPs since Unwired Planet v Huawei
IP firm's new base will be located inside the tallest office space in the UK's ‘second city’
Practitioners at four firms across Asia and Europe share the do’s and don’ts of mindful networking ahead of the INTA Annual Meeting
Brand Action explains why the IP community can be a force for good in the world as thousands of professionals prepare to head to London for INTA’s Annual Meeting
The firm, which has also hired a senior trademark leader to lead operations in the region, believes greater China to be one of the most important IP jurisdictions
Attorneys at Gibson Dunn share why plaintiffs’ growing reliance on DMCA anti-circumvention claims in AI scraping cases exposes a critical vulnerability
Tom Carver, who spent the last 18 months sailing the Mediterranean, tells Managing IP why he’s ready to return to land
Gift this article