At the USMCA joint review on 1 July 2026, the United States did not agree to renew the agreement in its current form. The USMCA (T-MEC in Mexico) stays in force, but instead of a new 16-year term it now moves into annual reviews. For intellectual property, the practical message for companies entering Mexico from the US or Europe is to protect their rights now at the IMPI (Mexican Institute of Industrial Property) under Mexican law, and not to plan on new treaty concessions.
Key takeaways
- USTR stated that “the USMCA is not renewed”, but that it remains in force pending resolution of the issues or until termination.
- Under Article 34.7, the parties now hold a joint review every year; without an extension, the agreement ends 16 years after its entry into force on 1 July 2020.
- Trade mark, patent and design rights in Mexico depend on Mexican registrations, not on the treaty’s renewal.
- Mexico reformed its Federal Law for the Protection of Industrial Property on 3 April 2026, including a five-month limit to decide unopposed trade mark applications without office actions.
- For European companies, the EU–Mexico agreements signed on 22 May 2026 will protect 568 European geographical indications in Mexico once in force.
What did the United States announce at the USMCA joint review?
In its statement of 1 July 2026, the Office of the United States Trade Representative (USTR) said that the three countries met virtually for the joint review required by the agreement, that the United States did not agree to renew the USMCA in its current form and that, as a result, it is not renewed. The agreement remains in force while the parties address what the US calls its shortcomings, and a third round of bilateral negotiations with Mexico was announced for the week of 20 July. The statement does not mention intellectual property.
What does Article 34.7 mean in practice?
Chapter 34 of the USMCA sets the rules for each scenario:
| Scenario | Consequence (USMCA, Chapter 34) |
|---|---|
| All three countries confirm extension in writing | A new 16-year term; next joint review six years later (Art. 34.7(3)) |
| One country does not confirm (current situation) | Joint reviews every year for the rest of the term; the parties may still extend at any time by written confirmation of their heads of government (Art. 34.7(4)) |
| No extension is ever agreed | The agreement terminates 16 years after entry into force (Art. 34.7(1)), that is, in 2036 |
| A country withdraws | Withdrawal takes effect six months after written notice; the agreement stays in force for the others (Art. 34.6) |
Legally, nothing changes today; what changes is predictability.
USMCA joint review and intellectual property: what stays in place
Chapter 20 of the USMCA required the parties to join treaties such as the Madrid Protocol and the Hague Agreement (Article 20.7) and set standards including copyright terms of life plus 70 years (Article 20.62) and patent term adjustment for unreasonable granting delays (Article 20.44). It also bars the parties from requiring recordal of trade mark licences to establish their validity or to count a licensee’s use as the owner’s (Article 20.26). Mexico’s transition periods (Article 20.89(3)) ran from entry into force; the longest, five years, ended in July 2025.
Mexico is already party to the main filing treaties. According to WIPO Lex, the Madrid Protocol has been in force for Mexico since 19 February 2013, the Hague Agreement since 6 June 2020 and the PCT since 1995. The Federal Law for the Protection of Industrial Property was published on 1 July 2020, and the reform published on 3 April 2026, in force the next day, addresses technology transfer and simplified procedures; its new Article 229 Bis sets a maximum of five months for the IMPI to decide trade mark applications that receive no office action or opposition.
Any change to the IP chapter would have to be negotiated and then implemented in national law. Registrations already granted by the IMPI remain Mexican rights.
European exporters have a separate route. On 22 May 2026 the EU and Mexico signed the Modernised Global Agreement and an interim Trade Agreement; once in force, Mexico will protect 232 European spirit names and 336 other European GIs for wines, beers and food. The interim agreement still needs the consent of the European Parliament and adoption by the Council.
What this means for your business
- Register in Mexico now: designate Mexico through the Madrid System from your home office, or file nationally at the IMPI through a local representative.
- File patents through the PCT or the Paris route on your usual timetable.
- Put licences and distribution agreements in writing and decide whether to record them, even if recordal is not required for validity.
- If you export from Europe, check whether your products benefit from the GI protection in the EU–Mexico agreements.
- Review plans each July, when the joint review takes place.
Our cross-border IP strategy team for the US–Latin America and Europe–Latin America routes can build that plan around the Mexican register.
When to bring in an adviser
- You are moving production or distribution to Mexico and a local partner will handle your brand.
- Your products, packaging or software were never registered at the IMPI.
- You depend on licences or technology transfer contracts with Mexican companies.
- You need to coordinate European, US and Mexican filings for the same product.
Frequently asked questions
Is the USMCA still in force after the US declined to renew it?
Yes. USTR stated on 1 July 2026 that the agreement remains in force pending resolution of the issues raised or until its termination. Under Article 34.7, the parties now hold annual joint reviews, can still agree an extension at any time and, failing that, the agreement ends 16 years after its entry into force.
Do my IMPI registrations depend on the USMCA?
No. A trade mark, patent or design granted by the IMPI is a Mexican right under Mexican law, currently the Federal Law for the Protection of Industrial Property. The treaty shaped some of that law, but the rights you hold do not lapse because the agreement is reviewed or not renewed.
Can IP Global Guard protect our IP in Mexico?
Yes. Mexico is part of our Europe–Latin America–Africa corridor. We prepare and coordinate Madrid designations, acting before WIPO, the EUIPO and the OEPM directly where our professionals are entitled and otherwise through qualified representatives, and coordinate local correspondents before the IMPI. For US companies, we work alongside their US counsel.
How IP Global Guard can help you protect your position in Mexico
IP Global Guard, the IP services line of META Channel Corporation Limited, manages trade marks, patents and designs with one strategy and one billing relationship across more than 25 jurisdictions in Europe, Latin America and Africa, including the trade mark filings that usually come first in Mexico.
Send us the list of marks, products and contracts you plan to take to Mexico. We will check the IMPI register and set out the routes and calendar. Contact our team about Mexico.
This article is general information, not legal advice, and reflects the position on the date of publication.
Sources
- USTR, Ambassador Greer issues statement on USMCA joint review (1 July 2026)
- USTR, USMCA Chapter 34, Final Provisions (text in force since 1 July 2020)
- USTR, USMCA Chapter 20, Intellectual Property Rights (text in force since 1 July 2020)
- Cámara de Diputados, Ley Federal de Protección a la Propiedad Industrial: publication and reforms (DOF 1 July 2020 to 3 April 2026)
- Diario Oficial de la Federación, decree reforming the LFPPI (3 April 2026)
- WIPO Lex, Mexico member profile (treaty memberships)
- European Commission, EU and Mexico deepen long-term ties at a historic summit (22 May 2026)
