Trademarks

Mexico’s common cheese names rules come under scrutiny in the USMCA review

By Goodrich Riquelme y Asociados

The treatment of cheese names in Mexico has become part of the intellectual property and market-access discussions surrounding the 2026 review of the United States-Mexico-Canada Agreement (USMCA). The issue concerns the relationship between common food names, geographical indications and the commitments made by the three countries under the North American trade agreement.

The Mexican government published an official agreement on April 3, 2026, through the Mexican Institute of Industrial Property (IMPI) and the Official Gazette of the Federation, identifying certain terms considered to be common names for cheeses and meat products produced and marketed in Mexico. The measure includes a list of 33 individual cheese terms that Mexico and the United States had previously identified under a bilateral side agreement concerning the use of certain cheese terms.

The 33 cheese terms listed by the Mexican authorities are Blue, Blue vein, Brie, Burrata, Camembert, Cheddar, Chevre, Colby, Cottage, Coulommiers, Cream, Danbo, Edam, Emmental, Emmentaler, Emmenthal, Gouda, Grana, Havarti, Mascarpone, Monterey Jack, Mozzarella, Pecorino, PepperJack, Provolone, Ricotta, Saint-Paulin, Samso, Swiss, Tomme, Tome, Toma and Tilsiter. The Mexican measure states that these terms correspond to common names for cheeses under the bilateral agreement between Mexico and the United States.

The Mexican document records that the two governments agreed that these terms were being used in connection with cheeses produced by companies in both countries. Mexico also confirmed that Mexican cheese producers use the same terms and that access to the Mexican market for U.S. products would not be restricted merely because those individual terms were used.

The measure is linked to Mexico's Federal Law for the Protection of Industrial Property. Under Article 173, technical or common names of products cannot be registered as trademarks, including words or expressions that have become usual or generic in ordinary language or commercial practice. Article 271 similarly excludes technical, generic or commonly used product names from protection as appellations of origin or geographical indications. Article 270 provides that a common or generic name may appear as part of a geographical indication or appellation of origin but remains freely usable.

Mexico's April 2026 agreement also identifies 13 additional terms relating to cheeses and meat products that it considers common terms when used individually. For cheeses, the list includes American or yellow cheese, cottage cheese, cream cheese, Limburger and Monterey/Monterey Jack. The government document sets out the factors considered in determining whether a term is common, including how the term is used in commerce in Mexico, whether it refers to a type or class of product in Mexican or international standards, relevant reference materials, and whether products from outside the geographical area identified by a potential geographical indication are imported and marketed under that term.

The Mexican measure was adopted in the context of the bilateral side agreement on cheese terminology that accompanied the implementation of the USMCA. The Official Gazette records that the agreement concerning certain terms used for cheeses produced and marketed in both countries was approved in Mexico in 2019. The stated purpose included providing greater certainty and transparency for trade in products using those terms.

The issue has also been raised by the United States during the 2026 USMCA review process. In testimony submitted to the U.S. Trade Representative's 2026 Special 301 hearing, representatives of the U.S. dairy industry asked the U.S. government to use the joint USMCA review to address Mexico's implementation of commitments concerning common cheese names and the rights of prior users of generic terms. The testimony specifically referred to protecting market access for products using common names.

The U.S. position is connected to the broader market-access provisions negotiated in the USMCA. The U.S. Trade Representative's official materials on the agreement identify dairy products as an area in which the United States obtained additional market access in Mexico and Canada. For cheese, the agreement provides for a tariff-rate quota reaching 12,500 metric tons by year six, with 50% of that amount available for any type of cheese and the remainder allocated to industrial cheeses, with the quota subsequently growing by 1% annually for 13 years.

The treatment of cheese names is also part of a much older international discussion over geographical indications. Under the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), geographical indications receive protection when a designation identifies a product as originating in a particular territory and a quality, reputation or other characteristic is essentially attributable to that geographical origin. At the same time, Article 24.6 of TRIPS contains an exception for terms that have become customary names for the relevant goods in the country where protection is sought. The WTO uses “cheddar” as an example of a name that originated from a geographical location but has also become a common name for a type of cheese.

This distinction is relevant because geographical indications and common names can have different consequences for producers operating across borders. A term may be protected as a geographical indication in one jurisdiction while being treated as a generic or common product name in another, depending on the applicable legislation and international commitments.

The Mexican government's 2026 publication therefore places the cheese-name issue within a specific domestic legal framework as well as the bilateral commitments between Mexico and the United States. The official Mexican list does not include “Feta” among the 33 individual cheese terms identified under the bilateral agreement. The 33 terms listed by the Mexican authorities include Brie, Camembert, Cheddar, Gouda, Mozzarella, Parmesan-related terms are not included, Provolone, Ricotta and Swiss, among others.

The distinction is relevant to the current U.S. trade discussion because U.S. dairy organizations have raised concerns about the treatment of common cheese names more broadly rather than only about the individual terms appearing on Mexico's 2026 list. The U.S. dairy industry's position presented to USTR calls for the United States to ensure that common names remain available to producers and that Mexico fully implements the commitments concerning common cheese names made under the USMCA.

The issue also sits within a substantial Mexican cheese market. A 2026 sector analysis published by Agriculture and Agri-Food Canada, using Euromonitor data, estimates Mexican cheese retail sales at approximately US$7.43 billion in 2025. Hard cheeses represented US$3.44 billion and soft cheeses US$3.64 billion, while processed cheese accounted for US$146.3 million and spreadable cheese for US$193.5 million.

The same analysis identifies Sigma Alimentos as the largest cheese company in Mexico in 2025, with brands including Noche Buena, Fud and Franja and approximately US$1.12 billion in retail sales. Grupo Lala followed with US$921.1 million, while Groupe Lactalis recorded US$656.8 million. The report places the total Mexican cheese market at US$7.43 billion in 2025 and forecasts 8.3% growth in cheese retail sales in 2026 compared with 2025.

The 2026 USMCA review provides the institutional setting in which the issue is being raised. The United States and Mexico formally launched their review process on March 5, 2026, with Canada participating in the trilateral process established under the agreement. The review covers implementation and operation of the USMCA and includes issues raised by governments and stakeholders concerning market access, rules and commitments under the agreement.