Every four years, billions of people around the world turn their attention once again to the World Cup organized by FIFA, which is one of the most widely distributed sporting events in history. According to official FIFA viewership data, the 2022 World Cup final between Argentina and France was watched live by more than 1.4 billion people globally. This extensive influence has made the World Cup a consistent strategic target for brands to promote their products and services on a broader global scale.

From a commercial perspective, this tournament represents a massive economic opportunity. It is estimated that the 2022 World Cup generated over $7.5 billion in commercial and advertising revenue. As Mexico prepares to host matches for the 2026 World Cup in Mexico City, Guadalajara, and Monterrey, businesses operating in the country will seek to capitalize on this opportunity to further increase customer engagement and launch more marketing activities.

However, the commercial benefits of this tournament are accompanied by a strictly regulated legal environment. FIFA and the local governments of the host countries exercise rigorous supervision over the intellectual property and commercial rights of the event. Companies interested in participating in World Cup-related marketing activities without undergoing sufficient legal review may face significant legal and reputational risks.

Legal Risks of Unauthorized Association with the World Cup

One of the most common mistakes made by companies seeking to utilize the popularity of major events like the World Cup is the frequent assumption that using images related to the event does not carry any legal risk. In particular, many brands may attempt to adopt marketing elements closely associated with the 2026 World Cup; however, these companies are not official sponsors of the World Cup and have not obtained proper authorization. This may involve the use of the World Cup trophy, stadiums, player likenesses (when unauthorized), or official match footage. It can even extend to the unauthorized use of the brand identity of various national teams, such as their logos or official jerseys.

This concept is known as "ambush marketing," where a brand establishes an unofficial association with a specific major event for marketing purposes. Although for many companies, especially non-sponsor companies seeking to increase visibility during the tournament, this type of marketing may be viewed as a "risk worth taking," it is crucial to fully consider the underlying legal risks. These legal risks are not limited to administrative fines that the Mexican government (or the other three host country governments) may impose. Given the increased brand exposure of the 2026 World Cup and its hosting in Mexico, rights holders such as FIFA or the Mexican Football Federation are bound to actively monitor any potential intellectual property infringements. Unauthorized use of registered trademarks can lead to administrative proceedings, civil litigation, and cause reputational damage to the companies involved.

For example, in preparation for the 2022 World Cup, the German company Puma specifically applied to register the trademarks "PUMA WORLD CUP QATAR 2022" and "PUMA WORLD CUP 2022" in hopes of driving its marketing activities before the tournament. However, FIFA filed a lawsuit directly in the Commercial Court of Zurich, seeking to cancel these trademarks and claiming that Puma created a misleading impression among consumers by declaring itself an official sponsor of the 2022 World Cup when it was not. Puma argued that these terms did not infringe any trademark law because they were merely descriptions of an ongoing event and did not mention FIFA itself. The case ultimately concluded with the cancellation of these trademarks.

This case itself serves as proof that even sophisticated global companies like Puma are not immune to the impacts of these legal risks when their marketing strategies involve protected intellectual property. Although such marketing may be attractive to Mexican companies in the short term, the costs of the financial and legal risks that trigger litigation may still far exceed the marketing opportunity itself.

So, how should companies correctly protect their brands and themselves?

Trademark Registration Activities Before the World Cup

Ensuring that a company's own brand is properly registered and enforceable in Mexico will be critical before the World Cup. In this regard, timely trademark protection and registration work at the Mexican Institute of Industrial Property (IMPI) is vital to ensuring that a brand is protected in Mexico.

A common oversight for relevant companies is failing to consider whether their existing trademark registrations currently at IMPI sufficiently cover the products and services actually used by the brand. Marketing activities related to the World Cup may involve an expanded scope of business, which may exceed the classes currently covered at IMPI. When these registrations do not align with actual product use, brands may lack protection during these critical moments of high exposure, thereby limiting enforcement options against unauthorized use.

Another important consideration is the proper legal investigation that must be conducted before filing new trademark applications. Before commencing these registration efforts, it is very important to evaluate the feasibility of the proposed trademark through research and legal analysis to identify any potential conflicts with existing trademarks. Avoiding actions that could be perceived as an unauthorized association with the 2026 World Cup must be considered to circumvent the aforementioned legal risks.

FIFA itself is also prepared for these situations. On February 16, it was reported that IMPI has granted FIFA over 300 trademarks related to the World Cup, protecting items such as World Cup 2026, FIFA, and the official match ball. Fines from Mexican competent authorities for the unauthorized use of these trademarks can exceed 29 million pesos, posing a massive risk to those companies attempting to create an association with the tournament without proper authorization.

Timing is also a key factor to consider. IMPI has long response cycles (they have up to 4 months to issue a response opinion), and companies that delay filing trademark applications may find that their brands have not obtained registration protection during the tournament and when their marketing activities launch.

As the 2026 World Cup approaches, companies seeking to maximize potential commercial opportunities around the tournament must be extra careful when balancing their marketing projects with Mexican legal compliance. The complexity of intellectual property makes sound legal guidance essential for any business wishing to utilize the tournament and all the potential exposure it brings. Working with experienced legal counsel will allow companies to design marketing strategies before the World Cup that are both commercially effective and legally compliant, thereby reducing the risk of costly disputes and protecting their brands from unauthorized use during the world's most high-profile sporting event.