Is Your Trade Mark Ready for Franchising in Mexico? What to Check

A brand that customers recognise is not necessarily ready to be shared with franchisees. Before offering franchises in Mexico, you need to establish who owns the rights, which products or services they cover and whether you can authorise others to use the trade mark. This review helps prevent intellectual property disputes from being passed on to those joining your franchise network.

1. Identify the signs that actually distinguish the business

Start by walking through your premises and reviewing your marketing materials. Note the name on the shopfront, the logo, own-brand product range names and advertising slogans. Include signs used on packaging, uniforms, menus and digital channels. They will not all require the same form of protection, but you need to know which ones the franchisee will use.

Next, compare that inventory with the records held by the Mexican Institute of Industrial Property (IMPI). Finding a similar name is not enough: check the exact sign applied for or registered, and the products or services it covers.

Prepare a record for each essential asset:

• The sign currently in use.
• The application number and, where applicable, registration number.
• The owner recorded with the IMPI.
• The products or services protected.
• The status of the application or registration.
• Key dates and the person responsible for monitoring them.

A filed application is not the same as a granted registration. Nor does a company name, internet domain or social media handle replace trade mark registration. If your application is still pending, describe its status accurately and assess the risk before committing to new openings.

2. Check who can authorise use

It is common for a founder to have registered the trade mark in their own name while a separate company runs the business. That distinction must be addressed before you start franchising.

Review the documentary chain linking the registered owner to the individual or company that will grant the franchise. If they are different, seek specialist advice on the legal arrangement needed to allow the franchisor to authorise use by third parties. Do not assume that every licence includes that power.

You should also review previous assignments, agreements between business partners, joint ownership, encumbrances and disputes that could affect commercial use. Verbal permission between relatives or business partners does not provide the clarity needed for long-term relationships.

In Mexico, the Federal Law on the Protection of Industrial Property (LFPPI) specifically regulates franchising. Article 245 links a franchise to a written trade mark licence, accompanied by the transfer of technical knowledge or technical assistance using methods that maintain quality, reputation and image. Article 246 requires the franchise agreement to be in writing and sets out its minimum content.

The trade mark review is therefore not a standalone administrative exercise: it must confirm that whoever signs as the franchisor can grant the rights they promise.

3. Review the scope of protection, validity and actual use

The registration must match what the franchised outlet will actually do. A trade mark protected for certain products does not automatically cover every service that might be offered under the same name.

For example, if a business sells packaged food and also operates food outlets, both activities should be reviewed. Classification helps organise protection, but what matters is the precise scope of the products or services covered by each registration.

Also check whether the logo in use retains the essential elements of the registered sign. A visual rebrand may require new applications; do not assume that an old registration covers every redesign.

Maintaining rights requires ongoing attention. The LFPPI provides for renewal, declarations of actual and effective use, and consequences for non-use. The specific obligations depend on factors including the date the registration was granted and its status. Have the applicable timetable established for each registration rather than using a single date for the entire brand.

Keep dated evidence of commercial use, such as invoices, packaging, advertising and photographs of premises. This documentation can help defend your rights, but it does not replace mandatory filings.

4. Turn the review into an expansion decision

Divide the findings into three groups: obstacles that must be resolved before offering the franchise, changes that need a defined deadline, and recurring maintenance tasks. Assign responsibility for each item and specify the evidence needed to confirm its completion.

The findings must be reflected consistently in the pre-contractual information and the agreement: the owner, the authorised signs, their legal status and the scope of permitted use. Do not present a pending right as granted, or a right dependent on someone else’s permission as your own.

Mexico does not require general government authorisation to offer franchises. However, that absence neither confirms that your trade mark is protected nor removes the franchisor’s legal obligations.

Practical takeaway: before marketing your franchise, compile an up-to-date trade mark file and confirm three things: you can authorise use, the protection matches the business, and someone is responsible for maintaining it.