Latin America is not one IP market but at least three different logics: the Andean Community, where Colombia, Peru, Ecuador and Bolivia share a single industrial property law; Mercosur, a trade bloc whose members keep entirely national IP systems; and Mexico, with its own law and full access to the Madrid and PCT systems. Strategic IP advisory in Latin America starts by grouping filings, watching and enforcement around those logics rather than country by country. This guide is for European and Latin American companies planning regional coverage.
Key takeaways
- Andean Decision 486 harmonises trademark and patent law in four countries, but there is no regional title: each office still grants its own rights.
- Andean owners can oppose across member states and keep a mark alive by using it in any one of them.
- Mercosur has no common IP office: Brazil sits in both Madrid and the PCT, while Argentina is in neither.
- Mexico requires a declaration of use three years after registration; marks without it lapse automatically.
- Opposition windows differ: 30 days in the Andean countries, 60 days in Brazil, one month in Mexico.
The Andean Community: one law, four offices
Decision 486, the Common Regime on Industrial Property adopted on 14 September 2000, applies directly in the four member countries of the Andean Community: Bolivia, Colombia, Ecuador and Peru. It covers patents, utility models, designs, trademarks, geographical indications and unfair competition. Applications are still filed and granted nationally, but the rules are the same, which allows a regional approach. Three features of the text matter most:
- Andean opposition (Article 147): the owner of an identical or similar mark, or the first to apply for it in any member country, may oppose in the others, provided it shows real interest in that market by applying for the mark there when it opposes.
- Regional use (Article 165): a mark can be cancelled after three consecutive years without use, but use in at least one member country counts.
- Short deadlines (Article 146): oppositions must be filed within 30 days of publication, with a further 30 days for evidence on request.
The treaty map is less uniform. According to WIPO Lex, Colombia is the only Andean member of the Madrid Protocol, and Bolivia is outside the PCT, while Colombia, Peru and Ecuador are members.
Mercosur: a trade bloc, not an IP system
Mercosur’s founding States Parties are Argentina, Brazil, Paraguay and Uruguay, with Venezuela suspended since 1 December 2016, as the European Commission’s Access2Markets glossary notes. Unlike the Andean Community, it has no common industrial property regime or regional office in force: a Brazilian registration does nothing in Argentina. Each country applies its own law and procedure, and their treaty memberships diverge sharply:
- Brazil: member of the Madrid Protocol since 2 October 2019 and of the PCT since 1978. Under Law 9.279/1996, oppositions run for 60 days (Article 158), and, at the request of an interested party, a registration lapses if five years after grant its use has not started in Brazil or has been interrupted for more than five consecutive years (Article 143).
- Argentina: outside Madrid, and although it signed the PCT in 1970 the treaty is not in force there.
- Uruguay: PCT member since 7 January 2025; not in Madrid.
- Paraguay: in neither system.
Mexico: its own law and full treaty access
Mexico is a member of Madrid (since 19 February 2013) and the PCT (since 1 January 1995). Its Federal Law for the Protection of Industrial Property (LFPPI), last amended on 3 April 2026, sets three rules that shape any Mexican filing strategy:
- Opposition within one month of publication in the Gazette (Article 221).
- Declaration of use within the three months following the third anniversary of registration, specifying the goods or services; without it the registration lapses automatically, and protection continues only for the goods declared (Article 233).
- Refusal of bad-faith applications (Article 173, XXII) and cancellation after three consecutive years of non-use (Article 235).
Andean Community vs Mercosur vs Mexico at a glance
| Feature | Andean Community | Mercosur | Mexico |
|---|---|---|---|
| Legal framework | Decision 486, common to four countries | National laws in each country | LFPPI |
| Regional title | No; four national registrations | No | Not applicable |
| Madrid Protocol | Colombia only | Brazil only | Yes |
| PCT | Colombia, Peru, Ecuador (not Bolivia) | Brazil, Uruguay (not Argentina or Paraguay) | Yes |
| Trademark opposition | 30 days, with cross-border Andean opposition | Brazil: 60 days; others under national law | One month |
| Use requirement | 3 years; use in any member country counts | Brazil: 5 years, use in Brazil | Declaration of use at year 3; 3 years for non-use cancellation |
What this means for your business
- Group the Andean countries in one plan: the same law, one watch across four gazettes and a single opposition calendar.
- Use Madrid for Colombia, Brazil and Mexico, and national filings, with Paris priority, for Peru, Ecuador, Bolivia, Argentina, Uruguay and Paraguay.
- Calendar Mexico’s year-three declaration of use for every Mexican registration.
- Decide where you will actually use the mark: in the Andean Community, one country can keep the whole regional portfolio alive; in Brazil and Mexico, use must be local.
- For patents, file directly in Argentina, Paraguay and Bolivia within the 12-month priority year, since the PCT does not reach them.
Our strategic IP advisory team for Latin America builds this grouping into one filing and watching plan, and our trademark registration team for Europe and Latin America runs the filings.
Where companies get Latin American IP strategy wrong
- Treating Mercosur like the EU. There is no Mercosur trade mark; each country needs its own registration.
- Assuming the Andean law means one filing. Harmonised rules do not create a regional title.
- Missing Mexico’s declaration of use, which ends the registration without any decision by IMPI.
- Letting the 30-day Andean window pass without a watch service, then facing nullity proceedings instead of an opposition.
- Coordinating six or seven local firms with no single calendar, so priority and use deadlines slip between them.
Frequently asked questions
Is there a single trademark for the Andean Community?
No. Decision 486 gives Bolivia, Colombia, Ecuador and Peru the same rules, but each national office grants its own registration. What the common regime adds is regional effect for certain purposes: an owner can oppose in other member countries if it applies there, and use in one member country protects against non-use cancellation in the others.
Can I protect a trademark in all Mercosur countries with one filing?
No. Mercosur has no regional trademark office. Brazil can be designated through the Madrid System, but Argentina, Uruguay and Paraguay are not Madrid members, so they require national applications, ideally within six months of your first filing to claim its priority date.
What is Mexico’s declaration of use?
Under Article 233 of the LFPPI, the owner of a Mexican registration must declare its real and effective use, specifying the goods or services, within the three months after the third anniversary of registration. If no declaration is filed the registration lapses automatically, and protection continues only for the goods or services declared.
Can IP Global Guard coordinate filings across the Andean Community, Mercosur and Mexico?
Yes. We design the regional plan, file Madrid applications through EUIPO, OEPM or WIPO directly where our professionals are entitled and otherwise through qualified representatives, and coordinate local correspondents for national filings, watching and oppositions in each country, with one point of contact and one calendar.
How IP Global Guard brings Latin America into one plan
Three legal logics do not have to mean three strategies. IP Global Guard, the IP services line of META Channel Corporation Limited, coordinates filings, watching and enforcement across more than 25 jurisdictions in Europe, Latin America and Africa with one strategy and one billing relationship; see our coverage across the corridor.
Tell us which marks and inventions you need to protect and in which Latin American countries. We will group them by system, set the filing and watching calendar and coordinate every office from a single point of contact. Send our team your list of markets.
This article is general information, not legal advice, and does not replace an assessment of your specific situation.
Sources
- WIPO Lex, Andean Community Decision No. 486, Common Regime on Industrial Property (14 September 2000)
- Andean Community, Decision 486, official text (Articles 146, 147 and 165)
- Andean Community, Who we are (member countries)
- European Commission, Access2Markets glossary: Mercosur
- Planalto, Brazilian Law 9.279/1996 (Articles 143 and 158)
- Cámara de Diputados, LFPPI, current text (Articles 173, 221, 233 and 235; last amended 3 April 2026)
- WIPO Lex, Madrid Protocol contracting parties (database)
- WIPO Lex, PCT contracting parties (database)
