The Mexican government, through the Ministry of Economy, is the holder of the "Hecho en México" (Made in Mexico) trademark, which is an official distinctive sign that may be used to identify products that are made in Mexico, so that the consumers may easily distinguish them from others, either within Mexico or the rest of the world. A license is granted to Authorized Certifying Entities in Mexico so that as Licensees, they may grant individual licenses to interested third parties in Mexico for the use of such distinctive sign in products that are produced and manufactured in Mexico.
Interested parties in obtaining the license must prove that the products for which the use of the trademark will be granted are: i) wholly obtained in Mexico; ii) entirely produced in Mexico; (iii) produced in Mexico exclusively from materials that qualify as originating under Free Trade Agreements entered by Mexico; (iv) elaborated from non-originating materials, but result from a productive process in Mexico, which causes that the product is classified in a subheading different from the one of the non-originating materials; or (v) products that comply with the authorized Mexican value content considering the industry sector.
In addition, as a part of the procedure, interested parties will be required to demonstrate compliance with relevant criteria related to quality, innovation, design, sustainability, and labor inclusion.
Strict rules for the use of the "Hecho en México" trademark must be followed. For instance, the trademark may only be marked, printed, or reproduced on containers and packaging material of those products which production or manufacturing in Mexico has been proven and expressly recognized by virtue of the licensing procedure. As an exemption, the "Hecho en México" trademark may be placed in the product or in labels when products do not have a container or packaging. In addition, the proportions or the composition and distribution of the elements (text and logo) in the trademark should not be altered or modified at all by a licensed user.
Additional requirements for obtaining a license to use the "Hecho en México" trademark and obligations upon obtaining it must be met.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.