Four out of every ten marks that come to us are not registrable as they stand. The official fee is not refundable, so it is worth knowing before you file.
The usual reasons for refusal
Descriptiveness. The mark describes the product or a characteristic of it. "Pan Suave" for bread. Article 173 of the Federal Law for the Protection of Industrial Property bars signs that indicate the kind, quality, quantity, purpose or value of the goods.
Generic terms. The common name of the product itself, which no one can monopolise.
Prior conflicting marks. An earlier registration that is identical or confusingly similar for related goods. This is the single most common ground, and the only way to see it coming is a search.
Geographic indications and protected symbols. Place names that mislead as to origin, national emblems, and official denominations.
What to do before you spend anything
Run an availability search in the IMPI database, check the specific classes you need, and look not only for identical marks but for phonetically and visually similar ones. Then decide whether to adapt the mark, narrow the specification, or choose a different name.
We run this search and issue a written opinion free of charge, precisely because filing a doomed application helps nobody.