By Marco Tena
On February 17, 2025, the agreement and annex by means of which the Ministry of Economy announces and promulgates the rules for obtaining and using the “MADE IN MEXICO” certification mark was published in the Official Gazette of the Federation.
In this regard, a certification mark is a symbol used in trade to certify, for the sake of redundancy, that the production of a product complies with certain criteria of origin or method of manufacture.
Although the “MADE IN MEXICO” mark has existed for many years, the fact is that the figure had fallen into disuse and under little compliance supervision.
The “Rules for the Use of the Certification Marks “Made in Mexico” and “Made in Mexico” (hereinafter, the “Rules”) establish general provisions regarding the authorization and use, the effects of the authorization and provisions regarding its defense.
In this regard, the Rules indicate that authorizations for the use of the certification mark will be granted through the Regulations, Competitiveness and Competition Unit of the Ministry of Economy.
As a requirement to obtain the authorization, the Rules indicate two main substantive issues that must be accredited: i) that the products are manufactured, manufactured or assembled with inputs of national origin in their entirety and/or that their manufacture is developed in Mexico, regardless of the origin of the inputs and ii) that the applicants accredit reliably that, in the manufacturing or manufacturing process, they implement affirmative actions regarding compliance with one or more of the Sustainable Development Goals of the 2030 Agenda on Sustainable Development.
In addition, among other filing requirements, applicants must have a trademark registration or commercial notice issued by the Mexican Institute of Industrial Property.
Once the authorization for use of the certification mark has been granted, it will be valid for 5 years from the date of the authorization notification.
In terms of the recognized rights, the authorized parties may use the trademark in accordance with the Graphic Identity Manual provided by the Ministry of Economy and participate in events to disseminate the trademark.
As correlative obligations for the authorized parties, they must provide a photographic record of the use of the certification mark within the first two months of the year in question, respond to requests for information, notify and invite the Ministry of Economy to promotional events of the protected products, as well as comply with its rules and refrain from transferring any of the authorization rights they have.
The use of certification marks must be such that they do not damage the reputation or mislead the consumer as to the origin of the products, so that the use of the mark may only be accessory. Likewise, it will only be for products destined for export.
In order to carry out the renewal process of authorization for the use of the trademark, according to the Rules, it is necessary to submit the process 6 months in advance. Additionally, the Ministry of Economy is exempted from any civil, criminal or administrative liability from being considered as a partner, agent or representative of the actors.
Finally, the Rules present the assumptions for the cancellation of the authorization of use and the procedure to be carried out for the imposition of sanctions, as well as the fact that the list of authorized persons will be published.
If you have any doubt related to this subject, our Intellectual and Industrial Property team at Vega, Guerrero & Asociados is ready to serve you.
