If someone applies in Mexico for a mark that conflicts with yours, you have one month to oppose it. The month runs from the date the application’s publication in IMPI’s Gazette takes effect, and it cannot be extended (LFPPI art. 221). An opposition filed one day late is rejected outright.
Online sources disagree on this deadline: some say 30 days, some say 10. The law says one month. The 10 days is how long IMPI has to publish an application after receiving it, and in practice publication often comes sooner.
Who can oppose, and on what grounds
Anyone with an interest can oppose. The grounds are the ones that would block registration under the law (arts. 12 and 173). Most often that means the applied mark is identical or confusingly similar to yours for the same or similar goods or services (art. 173, fr. XVIII), or that the application was filed in bad faith (fr. XXII).
Applications that designate Mexico through the Madrid System can be opposed the same way: the month runs from their publication in IMPI’s Gazette.
What the opposition must include
- A written brief with your arguments.
- Your evidence. Documents, prior registrations, proof of use and reputation all count. Witness and party testimony count only if they are in a document.
- Proof of payment of the official fee.
- A power of attorney for whoever signs. A simple one works, and it does not need an apostille.
If the authority or the payment is defective, IMPI asks once and gives 5 days to fix it. Miss that and the opposition is rejected.
What happens next
- Month 1: the opposition window. Your opposition is filed.
- Examination: IMPI examines the application and notifies the applicant of your opposition.
- 2 months, plus 2 more: the applicant answers your arguments and evidence, and can take an additional 2 months by paying the fee (arts. 225 and 226).
- 5 days: both sides file final pleadings.
- Decision: IMPI decides within 5 months of the pleadings (art. 229). In our experience, the whole opposition takes up to about 8 months.
An opposition does not bind IMPI. The examiner still decides on registrability, with your arguments in front of them.
What it costs
| Official fee | DOF tariff (MXN) | With 16% VAT (MXN) | Approx. USD | Basis |
|---|---|---|---|---|
| Opposition, per opposition | $3,704.09 | $4,296.74 | US$229 | Art. 14b |
Our professional fee is quoted per case.
How to not miss the window
“File on time, and keep monitoring new applications so the one-month period does not pass without you noticing.” Cristian Orta Corona, IP attorney at Auramip
One month is short, especially from abroad. The practical answer is to check IMPI’s Gazette regularly for applications close to your marks, so you see a conflict while the window is still open. If you missed it and the mark is already registered, read what to do when someone registered your trademark in Mexico.
Found a conflicting application in Mexico? Send us the application number today. The month is already running: request an opposition review.
All fees quoted are IMPI’s official fees, taken from the tariff published in the Diario Oficial de la Federación (DOF), and do not include professional fees. USD is approximate, converted at the Banxico FIX rate of 18.7962 MXN per USD published on 30 October 2026. The peso amount is what is actually charged.
