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 2025

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

With the US privacy landscape more fragmented and active than ever and federal legislation stalled, lawyers at Sheppard Mullin explain how states are taking bold steps to define their own regimes
Viji Krishnan of Corsearch unpicks the results of a survey that reveals almost 80% of trademark practitioners believe in a hybrid AI model for trademark clearance and searches
News of Via Licensing Alliance selling its HEVC/VCC pools and a $1.5 million win for Davis Polk were also among the top talking points
The winner of a high-profile bidding war for Warner Bros Discovery may gain a strategic advantage far greater than mere subscriber growth - IP licensing leverage
A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Varuni Paranavitane of Finnegan and IP counsel Lisa Ribes compare and contrast two recent AI copyright decisions from Germany and the UK
Exclusive in-house data uncovered by Managing IP reveals French firms underperform on providing value equivalent to billing costs and technology use
The new court has drastically changed the German legal market, and the Munich-based firm, with two recent partner hires, is among those responding
Consultation feedback on mediation and arbitration rules and hires for Marks & Clerk and Heuking were also among the major talking points
Nick Groombridge shares how an accidental turn into patent law informed his approach to building a practice based on flexibility and balancing client and practitioner needs
Gift this article