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

Attorney Oran Friar and trainee attorney Harry Cunliffe at Reddie & Grose, share that patent filings for clinical LLMs are surging, but success in the UK and Europe hinges on demonstrating technical innovation
Implementers can use the UK courts to seek FRAND terms for patent pool licences
The first credible UPC spinouts are growing, and they are coming from elite patent litigation teams, suggesting specialist litigators may no longer need large platforms to compete
Voyage IP has hired a veteran IP leader from Spruson & Ferguson as its head of trademarks, as well as another consultant who will boost the firm’s commercial offering
Lawyers say unwritten appearance expectations can disproportionately affect women and junior talent, making proactive guidance a growing responsibility for law firm leaders
Apple’s lawsuit against OpenAI, which features Tier 1-ranked disputes firms on both sides, reflects how trade secrets litigation is becoming a prominent competition feature
Drew & Napier’s leadership appointments show one way full-service firms can back up claims about the strategic importance of IP
Strike-out application will hear claims that the copyright aspect of an IP infringement claim brought by a gambling and sports betting group should be dropped
Amongst a sea of mergers, Lathrop GPM and HG Law have set out plans to combine, positioning themselves to compete with both IP boutiques and full-service firms
Patrícia Paias explains why she loves the science and business behind an idea and why potential rights owners must avoid the ‘file and forget’ philosophy
Gift this article