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Every four years, billions of people around the world follow the FIFA World Cup, one of the most widely viewed sporting events of all time. According to FIFA's official audience figures, the 2022 World Cup Final between Argentina and France was watched live by more than 1.4 billion viewers worldwide. This extended reach has consistently positioned the World Cup as a strategic event for brands to promote their products and services on a broader, global scale.
From a commercial perspective, the tournament represents a significant economic opportunity. It is estimated that the 2022 World Cup generated over $7.5 billion USD in commercial and advertising revenue. As Mexico prepares to host matches of the 2026 World Cup in Mexico City, Guadalajara and Monterrey, companies operating in the country will seek to capitalize on this increased customer attention and higher marketing activity.
However, the commercial interest of the tournament is also matched by a highly regulated legal environment. FIFA and local governments of the host nations maintain strict controls over the intellectual property and commercial rights of the event, and companies that are interested in engaging in World Cup related marketing without the adequate legal overview may face significant legal and reputational risks.
Unauthorized association with the World Cup and its legal risks
One of the most common frequent mistakes made by companies seeking to take advantage of the visibility of large-scale events like the World Cup is assuming that the use of event related imagery can be carried out without any legal risk. Particularly, many brands may attempt to adopt marketing elements that could be closely associated with the 2026 World Cup without being official sponsors of the event or receiving the proper authorization to do so. This could range from the use of the World Cup trophy, the stadiums, the likeness of the players (whenever it is not authorized) or official game footage. It even extends to the unauthorized use of national teams' branding, such as their logo or their official jerseys.
This particular concept is called "Ambush Marketing", when brands create an unofficial association with a particular large scale event for marketing purposes. Although this type of marketing could be considered as a risk worth taking for several companies, particularly for non-sponsor companies seeking visibility during the tournament, it is important to consider the legal risks behind it. These legal risks extend beyond any potential administrative fines from the Mexican government (or the government of any of the three host nations, for that matter). Given the increased brand exposure of the 2026 World Cup and its presence in Mexico, right holders such as FIFA or the Mexican Football Federation (FMF) will actively monitor any potential breaches of intellectual property rights. Unauthorized uses of registered trademarks could result in administrative proceedings, civil litigations and reputational harm to the involved companies.
As an example, for the 2022 World Cup, the German footwear designer PUMA requested the trademarks "PUMA WORLD CUP QATAR 2022" and "PUMA WORLD CUP 2022" in order to push their marketing ahead of the event. However, FIFA itself filed a lawsuit before the Zurich Commercial Court, seeking the cancellation of these trademarks and claiming that PUMA was generating a misleading impression on consumers, claiming that PUMA was an official sponsor of the 2022 World Cup when it wasn't. On their hand, PUMA alleged that these terms did not infringe any trademark laws as they were descriptions of the event that was taking place and had no mentions of the FIFA institution itself. This case concluded with the cancellations of the trademarks.
The case itself serves as evidence that even well-established global companies like PUMA are not immune from these legal risks when their marketing strategies involve protected intellectual property rights. Although this type of marketing may appeal to Mexican companies in the short term, the financial and legal risks associated with litigations could potentially provide costlier than marketing opportunities.
So how can companies protect their brands, and themselves, correctly?
Trademark registration ahead of the World Cup
Ensuring that your company's brands are properly registered and enforceable in Mexico will be key ahead of the World Cup. In this regard, timely trademark protection and registration before the Mexican Institute of Industrial Property (Instituto Mexicano de la Propiedad Industrial, IMPI for short) will be essential to ensure that their brands are protected in Mexico.
A common oversight for companies it failing to consider whether their existing trademark registrations before the IMPI adequately cover the products and services for which the brand is actually used. Marketing campaigns linked to the World Cup may involve expanded activities, which may fall outside the classes that were currently covered before the IMPI. When these registrations do not coincide with the real uses of the product, these brands may remain unprotected during this critical moment of large exposure, limiting enforcement options against unauthorized uses.
Another important consideration is the proper legal investigation that must be carried out prior to filing new trademark applications. Before these registrations, it is important to assess the viability of the proposed marks through research and legal analysis to identify any potential conflicts with existing trademarks. Avoiding references that could be considered as unauthorized associations to the 2026 World Cup must be considered to avoid the legal risks previously described.
FIFA itself has prepared for these scenarios. On February 16th, news broke that the IMPI had granted over 300 trademarks to FIFA ahead of the World Cup, protecting items such as "2026 World Cup", "FIFA," the official ball that will be used in the games (the "Trionda"), and many more. Fines from Mexican authorities can extend to over 29 million pesos for the unauthorized use of these trademarks, presenting high risks for companies that may attempt to associate with the tournament without proper authorization.
Timing will also be a critical element to consider. The response timelines for the IMPI are extended (they have up to 4 months to present a response), and companies that delay trademark filings may find themselves without registered protection for their brands during the event and the launches of their marketing campaigns.
As the 2026 World Cup draws closer, companies seeking to maximize the potential commercial opportunities surrounding the tournament must be particularly careful when balancing their marketing projects with legal compliance in Mexico. The complexity of intellectual property rights makes informed legal guidance essential for any business looking to capitalize on the event and all the potential exposure that comes with it. Working with experienced legal counsel will allow companies to design their marketing strategies ahead of the World Cup in a way that is both commercially effective and compliant with the law, reducing the risk of costly disputes and protecting their brands against unauthorized uses during the most visible sporting event in the world.
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.
