Can a product's label or packaging be registered as a trademark in Mexico?

The commercial image or Trade Dress

In Mexico, the commercial image (also known as Trade dress) can be registered as a trademark when it constitutes a distinctive visual combination which makes it possible to identify products or services in the market.

What is the Commercial Image?

It is the set of visual elements that accompany the presentation of a product or service, such as:

• Label design
• Visual format of the packaging
• Decorative elements of an establishment
• Among others

The Federal Industrial Property Protection Act (LFPPI) allows the registration of operational or image combinations that, when integrated, commercially distinguish products or services.

Examples of registrable elements such as Commercial Image:

• Graphic design of labels, wrappers or packagesColors, shapes, arrangement of visual elements.
• Interior of commercial establishmentsArrangement of furniture, lighting, colors, general atmosphere.
• Facades or exteriors of premisesArchitecture, colors, distinctive signage.
• Staff uniformsColours, design, combination of unique elements.
• Stands for fairs or exhibitionsStructure, configuration, graphic and visual style.
• Visual presentation of products on shelves or display casesSpecific and distinctive layout at points of sale.
• Design of delivery or service vehiclesCharacteristic colors, lettering, graphics or shapes.
• Food, beverage or cosmetic containersIncluding distinctive non-functional forms of the container.
• Graphic design of restaurant menus or menusAs long as it has visual originality.
• Thematic decoration for franchises or retail chainsFor example: environments such as those of Starbucks®, McDonald's® or The Cheesecake Factory®.

Real Cases of Commercial Image Registrations:

• Valentina®: Record your label design for sauce products.
• Comex®: Registration of a blue-wrapped brush as part of its commercial presentation.
• Chevron®: It records the external image of your service stations.

Why register your Commercial Image?

The consumer first identifies the visual, rather than the name or logo. Registering your commercial image gives you:

• Legal exclusivity about design in Mexico.
• Protection against imitations or copies.
• Strengthening the value and recognition of your brand.
• Competitive advantage in the market.

Do you have a visual design that sets your products apart?

At Rodríguez, Manzano & García, we help you legally register it to protect your brand's visual identity.