Developing A Tequila Brand For Export From Mexico

With guest collaborator and tequila law expert Leonardo Gómez

Introduction

The development of a tequila brand begins with a foundational step: registering a trademark in Mexico, the United States, or any other intended markets. However, trademark protection is only the starting point. Building a tequila brand requires a broader business and regulatory strategy involving multiple teams—Customs and trade, finance, marketing, and legal—to plan for production, cost structures, distribution, sales, and export-related compliance.

From Trademark to Production: Selecting an Authorized Tequila Producer

Once the trademark is secured, the next major step is engaging an Authorized Tequila Producer—a facility certified under Mexican law and supervised by the Tequila Regulatory Council (Consejo Regulador del Tequila, CRT).

Recurring Question: Can Tequila be bottled outside the Denomination of Origin (DO) area?

The answer is found in standard NOM-006-SCFI-2012, the Mexican Official Norm, governing production, bottling, and labeling. It defines two categories:

• Tequila 100% Agave: Made exclusively from sugars extracted from Agave Tequilana Weber variedad Azul. This must be bottled within the Denomination of Origin region—Jalisco, Nayarit, Michoacán, Guanajuato, or Tamaulipas—by an Authorized Tequila Producer.

• Tequila (Mixed): Contains at least 51% agave sugars, with the remainder from other permitted non-agave sources. Under certain conditions this may be bottled outside the Denomination of Origin, including outside Mexico.

This flexibility has driven significant growth in bottling operations in the United States and Europe, especially for ready-to-drink (RTD) cocktails like Margaritas, Palomas, Tequila Sunrise, Ranch Water and others.

Yet before reaching consumers, regardless of the tequila category, it must undergo extensive contractual, bureaucratic and regulatory procedures.

Contracting and Compliance: Agreements and Required Permits

In the case of Tequila (Mixed), once the brand owner executes a Binding Agreement with an Authorized Tequila Producer—registered with the Mexican Institute of Industrial Property (IMPI)—additional steps must be completed to transfer tequila for bottling outside Mexico.

One of the most important requirements is the Certificate of Approval of Bottlers (CAE) issued by the Mexican Ministry of Economy (SE). The CAE:

• It's mandatory for exporting tequila in bulk form.
• Ensures traceability under the DO.
• Allows legally authorized bottling operations abroad.

This process applies universally — whether for an emerging entrepreneur or a high-profile investor, including celebrities launching tequila brands.

Export Considerations: Shipping Tequila From Mexico

Because tequila is protected by a Denomination of Origin, exports are subject to strict oversight. Companies must comply with the following:

• Exports require CRT conformity certification (inspection and technical opinion) and the applicable export/transport certificate under NOM-006.Mexican Customs will require these documents for export clearance.

• Tequila is typically classified under HS 2208.90.03 (confirm the exact subheading for each SKU). Exporters must prepare the export pedimento (Customs declaration form), commercial invoice, packing list, CRT certificate (Export Certificate or transport certificate), and, where applicable (bulk shipments or where the exporter is not the authorized bottler) proof of CAE or the bottler's authorization.It is recommended to check commodity codes and sub-headings for each SKU prior to exporting.

• NOM-006 specifies mandatory label elements (NOM designation, "PRODUCT OF MEXICO" legend, NOM number, net content, alcohol strength, producer, etc.). Be aware that destination countries have separate label/approval regimes.Labeling errors are a common practical cause of hold-ups at export/import.

• The CAE procedure and CRT rules require bottlers (and packers approved under CAE) to maintain traceability and report on operations. Guidance and circulars indicate that approved bottlers must keep records and report to authorities (CRT/IMPI/SE) as required; e.g., registration of joint responsibility agreements and periodic reporting obligations are part of the certification framework. Exact reporting frequency/format depends on the CAE and CRT/SE requirements and should be checked in the specific CAE terms.

Conclusion.

Launching a tequila brand requires more than creativity—it involves a highly regulated and bureaucratic process, trademark protection, production contracting, Denomination of Origin compliance, export controls, and international labeling standards. Early legal guidance is essential to avoid delays, ensure adherence to NOM-006 and foreign regulations, and protect the brand's long-term commercial viability.

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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.