Is Your Mexican Brand Protected in the United States?
¿Su marca mexicana está protegida en Estados Unidos?
Mexico is the largest trading partner of the United States, and Mexican food, beverage, tequila, and consumer brands sell across the border every day. A registration with IMPI gives no rights in the U.S., and someone else can register your brand at the USPTO first. We file for Mexican companies directly or through the Madrid Protocol and act as their U.S. attorney.
Mexican trademark filings at the USPTO, 2021 to 2026
Mexico was the top U.S. goods trading partner in 2025, with $872.8 billion in two-way goods trade. Mexican applicants filed more U.S. trademark applications from 2021 to 2025 than applicants from any other Latin American country, led by tequila and spirits in Class 33.
U.S. applications filed by Mexican owners
Applications per filing year from owners with an address in Mexico. The 2026 bar covers January through September.
View data table
| Filing year | Filed | Registered to date | Via Madrid |
|---|---|---|---|
| 2021 | 2,165 | 1,255 | 75 |
| 2022 | 2,104 | 1,255 | 54 |
| 2023 | 2,318 | 1,262 | 46 |
| 2024 | 2,442 | 1,300 | 44 |
| 2025 | 1,978 | 712 | 41 |
| 2026 (Jan.–Sept.) | 1,375 | 98 | 29 |
Most common classes in Mexican filings
Applications naming each class, 2021 to 2025. A filing can name more than one class.
Mexico's leading sectors: tequila, mezcal, and beer; snacks, sauces, and bakery products; pharmacy and consumer health brands; media and entertainment.
Top five Mexico-based owners of live U.S. trademark registrations
Current owners with an address in Mexico, ranked by the live U.S. registrations they hold. In all, 13,238 live U.S. registrations list an owner in Mexico.
View data table
| Rank | Owner | Live U.S. registrations |
|---|---|---|
| 1 | Grupo Bimbo, S.A.B. de C.V. | 178 |
| 2 | Trademarks Grupo Modelo, S. de R.L. de C.V. | 166 |
| 3 | Becle, S.A.B. de C.V. (Jose Cuervo) | 121 |
| 4 | APEAM A.C. (Avocados from Mexico) | 111 |
| 5 | Industrias AlEn, S.A. de C.V. | 97 |
Counts the last listed owner of each live registration, grouping variations of the same company name. Registrations held through U.S. subsidiaries are not included.
How we counted. USPTO trademark records, retrieved October 27, 2026, counting applications by filing date where an owner's address is in Mexico. Brands owned through U.S. subsidiaries are counted under the U.S. The "registered" figures include registrations later cancelled.
How Mexican applications fare at the USPTO
The USPTO issued 1,584 registrations to Mexican owners in 2025, up 66% from 2021. Today, 13,264 live U.S. registrations and 3,208 pending applications name an owner in Mexico.
Applications filed and registrations issued
Applications by filing year, and registrations by the year they issued. A registration usually issues 12 to 18 months after filing.
View data table
| Year | Applications filed | Registrations issued |
|---|---|---|
| 2021 | 2,165 | 952 |
| 2022 | 2,104 | 999 |
| 2023 | 2,318 | 1,109 |
| 2024 | 2,442 | 1,493 |
| 2025 | 1,978 | 1,584 |
How Mexican owners file: the filing basis
Share of 2021–2025 applications claiming each basis. An application can claim more than one.
Intent to use lets a brand reserve its U.S. rights before launch. Madrid designations account for 2%.
View data table
| Basis | Applications | Share |
|---|---|---|
| Intent to use · § 1(b) | 6,360 | 58% |
| Use in U.S. commerce · § 1(a) | 1,870 | 17% |
| Home registration · § 44(e) | 2,067 | 19% |
| Priority claim · § 44(d) | 1,403 | 13% |
| Madrid designation · § 66(a) | 260 | 2% |
What happened to Mexican applications, by filing year
Status today of applications filed each year. Recent years are still largely pending.
View data table
| Filing year | Registered | Abandoned | Pending or other |
|---|---|---|---|
| 2021 filings | 1,255 | 859 | 51 |
| 2022 filings | 1,255 | 741 | 108 |
| 2023 filings | 1,262 | 751 | 305 |
| 2024 filings | 1,300 | 709 | 433 |
| 2025 filings | 712 | 377 | 889 |
Most abandonments follow an unanswered USPTO refusal or a missed deadline to file a statement of use. Both are avoidable with a U.S. attorney docketing the file.
An IMPI registration stops at the border
Trademark rights are territorial. A registration from Instituto Mexicano de la Propiedad Industrial (IMPI) protects your brand in Mexico, and nowhere else. In the United States, another company can file for the same name, and if it files first or uses it first, it can block your products, your Amazon listings, and your U.S. distributors.
Most Latin American systems give rights to whoever registers first. The U.S. system is different: rights come from use in the U.S., and a federal registration extends them nationwide. An application filed before you launch, on an intent-to-use basis, secures your U.S. priority date before your first shipment.
Signs you should file in the U.S. now
- You are appointing a U.S. importer, distributor, or franchisee
- You plan to sell on Amazon.com or other U.S. marketplaces
- Your products are already sold in Miami or elsewhere in the U.S.
- You are opening a U.S. location or a U.S. subsidiary
- You have found a U.S. company using a similar name
Tequila and mezcal are protected names in the United States. Brands for those products must be built around a distinctive name of their own, not the product name or the region.
How a Mexican brand gets U.S. protection
Route 1: a Madrid designation of the United States
Mexico has been a Madrid Protocol member since 2013. A Mexican owner can file an international application through IMPI, based on its IMPI application or registration, and designate the United States. WIPO forwards the designation to the USPTO, which examines it under U.S. law exactly like a direct application.
For five years the U.S. protection depends on the IMPI filing. If that filing is narrowed or cancelled, the U.S. designation falls with it, although it can be converted into a U.S. application within three months.
Route 2: a direct USPTO application
A direct application can be based on use in the U.S., an intent to use, a claim of priority to the IMPI filing made within six months, or the IMPI registration itself. It stands on its own, uses U.S.-specific wording, and can be amended more freely.
We recommend Madrid when several countries are needed and the IMPI filing is secure, and a direct filing when the U.S. is the priority market or the home filing faces challenges.
What it costs to enter the U.S. through the Madrid Protocol
A Mexican owner designating the United States pays WIPO in Swiss francs: a basic fee for the international application and the U.S. individual fee for each class. Once the designation reaches the USPTO, it is examined like any U.S. application, with no further USPTO filing fee.
| Example: black-and-white mark, U.S. designated only | 1 class | 2 classes | 3 classes |
|---|---|---|---|
| WIPO basic fee | CHF 653 | CHF 653 | CHF 653 |
| U.S. individual fee | CHF 460 | CHF 920 | CHF 1,380 |
| WIPO total to enter the U.S. | CHF 1,113 | CHF 1,573 | CHF 2,033 |
| For comparison: direct USPTO application | $350 | $700 | $1,050 |
Government fees only. Each additional country designated in the same application adds its own fee, which is why Madrid is usually most economical when several countries are needed. Later U.S. costs include any response to a USPTO refusal and the Section 71 declaration of use between years 5 and 6 ($325 per class). WIPO fees are fixed in Swiss francs; check the WIPO fee calculator on the filing date.
Why a Mexican owner needs a U.S. attorney
Since August 3, 2019, every applicant or registrant domiciled outside the United States must be represented before the USPTO by an attorney licensed in a U.S. state. That covers new applications, responses to refusals, including refusals of Madrid designations, oppositions, and post-registration filings.
We act as the U.S. attorney of record for Mexican companies and work alongside their IMPI filing firm, which stays involved in the strategy.
Selling into the U.S.
- Amazon Brand Registry: Amazon recommends a trademark for each store you sell in, which for Amazon.com means a USPTO filing
- U.S. Customs recordation stops counterfeit imports once the mark registers
- Miami's port, airport, and distributors are the gateway for many Mexican products entering the U.S.
Who does what for your U.S. filing
Each matter is handled by a U.S.-licensed attorney, supported by paralegals and docketing staff who manage documents, deadlines, and communication. You always know who is responsible for each step.
Attorneys
Your U.S. attorney of record before the USPTO.
- Clearance search review and a written risk opinion
- Choice of owner, filing basis, and route (Madrid or direct)
- Drafting goods and services in U.S. form
- Responses to USPTO refusals, oppositions, and letters of protest
- Enforcement against U.S. infringers and marketplace sellers
Paralegals and docketing
The people who keep your file complete and on time.
- Collecting IMPI filings, certificates, and translations
- Reviewing specimens and evidence of U.S. use
- Preparing filings and USPTO forms for attorney review
- Docketing every USPTO, WIPO, and maintenance deadline
- Preparing CBP recordation and Amazon Brand Registry paperwork
Client communication
Built for owners and counsel outside the U.S.
- Service in English and Spanish
- WhatsApp and email updates at each step
- Copies of every USPTO notice with a plain explanation
- Invoices in U.S. dollars with wire instructions
- Coordination with your IMPI filing firm
Working with your home counsel
Many Mexican brands reach us through their IMPI filing firm. We take instructions from that firm, report back in Spanish or English, and keep the client relationship where it belongs. Our role is the U.S. side: filing, examination, deadlines, and enforcement.
Foreign Trademark Counsel explains how we work with firms abroad.
Fees and paying from abroad
- Invoices in U.S. dollars, with wire transfer instructions
- USPTO and WIPO fees passed through at cost
- A written estimate before each filing or response
Top five filing mistakes Mexican applicants make
These are the errors we see most often in U.S. filings by Mexican brand owners. Most cannot be fixed after the application is filed.
Assuming an IMPI registration covers the U.S.
Mexican owners often discover a U.S. registration for their brand, held by a former distributor or an unrelated company, only when they try to enter the U.S. market or sell on Amazon.com.
TerritorialityFile in the U.S. before launching, appointing a U.S. distributor, or listing on Amazon.
Letting the U.S. distributor file
An application filed by an importer or distributor belongs to that company. If the relationship ends, the Mexican brand owner may have to buy back its own brand or litigate.
OwnershipFile in the name of the Mexican company that controls the brand, and put distribution terms in writing.
Copying the IMPI goods description
Descriptions written for IMPI, or translated word for word, are often too broad for U.S. practice. On a Madrid designation they draw refusals; on a direct filing they add surcharges.
Identification of goodsRewrite the description using the USPTO's ID Manual before filing or before the Madrid application is sent.
Building the brand around a place or product name
Names based on a Mexican city, state, or a protected product name such as tequila or mezcal are refused as descriptive or misdescriptive, or must be disclaimed.
Geographic terms · § 2(e)Choose a distinctive name, and treat place and product names as secondary elements.
Missing the U.S. use requirement
A U.S. registration based on Madrid or on the Mexican registration still needs proof of use in U.S. commerce between years 5 and 6. Brands that never started U.S. sales lose the registration.
Section 71 · Section 8Plan U.S. sales and keep dated evidence of U.S. use from the first shipment.
Frequently asked questions
Does my IMPI registration protect my brand in the United States?
No. Trademark rights are territorial. A IMPI registration protects your brand in Mexico only, and someone else can register it at the USPTO first.
Do I need a U.S. attorney?
Yes. Since August 3, 2019, applicants and registrants domiciled outside the U.S., including in Mexico, must be represented at the USPTO by a U.S.-licensed attorney.
Can I extend my IMPI registration to the United States?
Yes. Mexico has been a Madrid Protocol member since 2013, so you can designate the U.S. in an international application filed through IMPI. You can also file directly with the USPTO.
Do I need a U.S. attorney if I file through Madrid?
Yes, if the USPTO issues a refusal. Responses for owners domiciled in Mexico must be filed by a U.S.-licensed attorney.
How do I pay from abroad?
Our invoices are in U.S. dollars, with wire transfer instructions. Government fees are passed through at cost.
How long does a U.S. application take?
Most applications take 12 to 18 months from filing to registration. A refusal, an opposition, or an intent-to-use basis can add several months.
What if someone has already registered my brand in the U.S.?
We review the earlier registration to see whether it is vulnerable, for example for nonuse, abandonment, or bad faith by a former distributor. Options include a cancellation petition, a negotiated coexistence or assignment, or a change of brand for the U.S. market.
Can I register a Spanish word as my U.S. trademark?
Yes, but the USPTO translates it. If the English meaning describes the goods, the mark is refused just as the English word would be. The application must include a translation of any Spanish wording.
What does it cost to designate the U.S. through Madrid?
WIPO's basic fee of CHF 653 (CHF 903 for a color mark), plus the U.S. individual fee of CHF 460 per class, plus any fee charged by your home office.
Agende una consulta
Tell us your brand, what you sell, and where in the U.S. you plan to sell it. We will check the U.S. register, recommend Madrid or a direct filing, and give you a written estimate in U.S. dollars.
- U.S. clearance searches
- Madrid designations and direct USPTO filings
- Responses to USPTO refusals
- Amazon Brand Registry and U.S. Customs recordation