Right to use the “Made in Mexico” emblem

The emblem “MADE IN MEXICO"It is a trademark registration that covers the advertising of products produced and manufactured in the Mexican Republic, which allows the Federal Government to establish mechanisms to promote national products.

This trademark registration is owned by the Ministry of Economy, which aims to encourage producers to use the emblem in order to provide them with a benefit and, at the same time, to ensure that consumers have the certainty and guarantee of the products they purchase.

On November 22, 2018, the Agreement establishing the conditions and requirements for granting authorization and use of the “MADE IN MEXICO” emblem was published in the Official Gazette of the Federation. This was due to the fact that, in order to boost the domestic market, strengthen the presence of Mexican products internationally, protect employment in Mexican territory and increase their level of competitiveness, it was necessary to establish a simple and agile process to determine that the products on the market meet the requirements to display the “MADE IN MEXICO” emblem.

Previously, to obtain the right to use the emblem, only an application was submitted to the Ministry of Economy, which issued an authorization for use; however, since there was no process to determine that the products were actually produced and manufactured in Mexico, the right to use the emblem was granted left and right.

For the above, the Ministry of Economy, through the General Directorate of Standards, issued an approval granting the License of Use of the trademark registration “HECHO EN MÉXICO” and Design to accredited Certification Bodies.

These Certification Bodies will carry out an analysis of the specifications and technical information indicated in the Agreement and in the General Certification Criteria in order to determine whether a Certificate of Conformity will be issued to the applicant for the right to use the Emblem, a document that certifies and authorizes that the applicant's product complies with all the requirements established in said Agreement.

Once the corresponding Certificate of Conformity has been issued, the applicant may enter into a Sublicense agreement or contract with the Certification Body and thus obtain the right to use and display the “MADE IN MEXICO” emblem on its products.

ASSUMPTIONS

Within the analysis carried out by the Certification Bodies, they will have to ensure that the products of the interested parties are produced and manufactured in the Mexican Republic under one of the following assumptions:

1. That the good is obtained entirely or produced entirely in Mexico.
2. That the good is produced exclusively from materials that qualify as originating in accordance with the Treaties or Trade Agreements to which Mexico is a party and must be subjected to operations that imply their substantial transformation.
3. That the good is made with non-originating goods, but that it results from a production process in Mexico, such that the good is classified in a subheading different from that of non-originating goods according to the Harmonized Commodity Description and Coding System.
4. That the transaction value of non-originating materials does not exceed the percentage established for each sector with respect to the transaction value of the merchandise.

VALIDITY

The validity of the sublicenses for the use of the emblem will be two years, extendable for the same period, the application for which must be made to the corresponding Certification Body, at least two months in advance of the expiration date of the same.

GRAPHIC IDENTITY OF THE EMBLEM

In order for the emblem to be an element that identifies us as a nation, the graphic identity incorporates key elements that are part of our country's cultural heritage. The eagle, which is a symbol of our nation, accompanies the word Mexico, which appears on a black background to highlight the strength of our country.

The Ministry of Economy issued the Graphic Identity Manual, which specifies the structure, color, typography, incorrect uses and applications in different types of products.

USE AND APPLICATIONS

The emblem must be integrated into the products in such a way that it does not interfere with the provisions of the Labelling and Commercial Information Standards applicable to each product, provided that the graphic identity of the emblem is not altered in any way.

Improper use of the emblem will result in financial penalties, which is why sublicensees must comply with the following rules of use:

1. Marking, printing or reproduction may only be made on the packaging of products that have been expressly recognized as being produced or manufactured domestically in accordance with this Agreement and in accordance with the requirements established in the Criteria. Marking, printing or reproduction may also be made on the product or its label when, according to its characteristics, it does not have a packaging.
2. It must be marked clearly, legibly and indelibly on the corresponding products.
3. In no case shall the proportions or the composition and distribution of the elements that make up the graphic identity of the “HECHO EN MÉXICO” emblem on products made in Mexico or any of its elements be altered or modified.
4. The use of any of the elements of the identity separately or in isolation is prohibited, as well as any type of modification to the dimensions or arrangement of the graphic identity of the emblem.

CONDITIONS FOR MAINTAINING CERTIFICATION

Once the certification has been granted, it can be kept valid as long as the following are met:

1. Surveillance inspections, whether physical or virtual, are carried out on the dates designated by the Certification Bodies, within the validity period of the certificate to be reviewed, which is valid for 2 years in accordance with the above.
2. It is demonstrated, through specifications and technical information presented, that the product covered by the certificate continues to comply with the provisions of the agreement or sublicense contract, the Certification Criteria, the Agreement, and other requirements based on which the certification was granted.
3. Based on the corresponding monitoring, it is determined that the obligation to use the “MADE IN MEXICO” emblem is fulfilled in accordance with the terms of the Agreement, the specifications of the Graphic Identity Manual and what is indicated in the service provision contract and in the sub-licensing agreement or contract.
4. In any case, the “MADE IN MEXICO” emblem must be integrated in such a way that it does not interfere with the labeling, marking and commercial information standards applicable to the products, but without altering in any way the graphic identity of the product.

In addition to the above, various applications may be submitted to the corresponding Certification Body to: expand the scope of the certification; reduce the scope of the certification; correct the certification; suspend the certification; or cancel the certification.

Consequently, the process specified above allows for better control over the products that are granted the right to use the MADE IN MEXICO emblem, boosting the domestic market and strengthening the presence of Mexican products internationally.