Litigation and border measures

When someone is using your mark

Infringement actions in Mexico are brought before IMPI, which can order the goods seized, impose fines and stop the conduct. The cases that move quickly are the ones where the registration is clean, the evidence is dated and the infringement is documented before the other side knows anyone is looking.

The cases that stall are the ones brought on a registration that never declared use, or on goods and services the mark does not actually cover. We check both before advising you to spend anything.

Stopping goods at the border

Waiting for counterfeits to reach the shelf is the expensive way to deal with them. Mexican customs can detain suspected infringing goods on entry, which stops a shipment in one place instead of chasing it across hundreds of sellers afterwards.

It works on preparation: customs has to be holding your details and the marks to watch for before the container arrives. Registering that information is inexpensive and it is the part most owners skip.

The full range

• Infringement and unfair competition proceedings before IMPI.
• Cancellation and nullity actions against registrations that block you, including non-use cancellation where the owner never declared use (article 233 of the Mexican Industrial Property Law).
• Defence when an action is brought against you, including arguing that the claimant mark is not in use.
• Border measures and coordination with customs.
• Evidence gathering and notarised records before anything is filed.
• Settlement and coexistence agreements, which resolve more of these matters than judgments do.

If a letter has just arrived and there is a deadline on it, send it to us the same day. Terms run from the business day following the day the notification takes effect (article 21).