I. Growth of online marketing
Over the past decade, internet penetration in Latin America —and especially in Mexico— has driven companies to focus on digital marketing campaigns. According to We Are Social’s Digital 2021 report, out of Mexico’s 129.6 million inhabitants, approximately 79.1% have internet access —through mobile or home networks— and are active social-media users. This has generated strong corporate interest in offering goods and services through digital campaigns.
II. Online marketing modalities
There are several tools and formats for digital marketing campaigns:
- Super-targeted campaigns on Facebook and Instagram.
- Emails and newsletters.
- Google Ads (formerly Google Adwords), including keywords and remarketing.
- YouTube campaigns.
- Collaborations with influencers.
- TikTok Ads and ads on emerging platforms.
- Affiliate programs, marketplaces, and e-commerce.
III. Risks for registered trademarks
The digital environment multiplies brand reach but also increases vectors of infringement. The most relevant risks include:
- Unauthorized use as keywords. Third parties buying the registered trademark as a Google Ads keyword to divert traffic to their own products or services.
- Trademarks in hashtags and handles. Appropriation of trade names or trademarks as social-media usernames, causing consumer confusion.
- Sale of counterfeits in marketplaces. Listings that reproduce the mark, packaging, and official images, harming reputation and sales.
- Influencer content and collaborations. Posts using the trademark without authorization or in contexts that cause dilution or harm image.
- Unfair comparative advertising. Comparisons using the competitor’s trademark to disparage its products or services.
- Fake reviews and review bombing. Coordinated campaigns damaging brand reputation.
- Deceptive domains and typosquatting. Registration of domains similar to the trademark to capture traffic or commit fraud.
IV. Preventive and corrective actions
For the trademark owner, it is critical to have a comprehensive digital-surveillance and enforcement program. Recommended actions include:
- Consolidating the trademark portfolio. Registration across relevant classes, registration of variants, logo, and figurative elements.
- Registration of defensive domain names (variations, typos, territorial and generic extensions).
- Reserving handles on major social networks to prevent impersonation.
- Active monitoring via brand monitoring tools, automated marketplace searches, and social alerts.
- Takedown procedures on platforms (Facebook, Instagram, TikTok, Amazon, MercadoLibre), many of which have dedicated rights-holder programs (Brand Registry).
- Administrative actions before IMPI for trademark infringement and commercial infringement.
- Civil and criminal actions when misuse constitutes unfair competition or a criminal offense.
V. The role of marketing and internal communication
An aspect often underestimated is the alignment between the marketing team and the legal team. Trademark usage guidelines —identity manuals, influencer guidelines, templates for collaboration and sponsored-content contracts— should be built jointly to ensure that digital promotion does not erode the rights over the distinctive sign.
VI. Conclusion
Digital marketing is an indispensable channel for any brand’s growth, but it demands careful attention from an IP perspective. The combination of a strong portfolio, active surveillance, takedown tools, and a fluid dialogue between creative, legal, and commercial teams is the best way to capture the benefits of the digital environment without compromising the company’s intangible assets.