January 06, 2026
Why can IMPI reject your application in Mexico? (Trademarks & patents)
Filing before IMPI does not mean automatic approval. IMPI reviews formal requirements and substantive obstacles. If issues exist, IMPI will notify you in writing and grant time to respond—otherwise, your application may be treated as abandoned.
Below are the most common rejection triggers under Mexico’s Industrial Property Law.
“Abandonment” for not answering IMPI requirements (common for both)
For trademarks, IMPI notifies requirements/obstacles in writing and gives 2 months to respond; if you do not reply, the application is treated as abandoned.
There is also an additional term (with fee) and if you still do not comply, the application remains abandoned.
For patents, IMPI can issue office actions during substantive examination; if you do not comply, the application is treated as abandoned.
Typical reasons IMPI can refuse a TRADEMARK
Examples of signs that are not registrable include:
- Misleading signs likely to deceive or confuse the public.
- Using a person’s image/identifiable voice/portrait/signature without express consent.
- Conflicts with well-known titles/works or reproducing copyrighted works without authorization where it may create false association.
- Confusing similarity with Designations of Origin / Geographical Indications for related goods/services.
Also: if you “fix” objections by changing the mark or making major changes (like expanding goods/services), it can trigger a new filing process (new fee + publication).
Typical reasons IMPI can refuse a PATENT
A) The subject matter is not an “invention”
Not considered inventions include discoveries, scientific theories, math methods, artistic works, business rules/plans, computer programs, and more.
B) It fails patentability requirements
Patentable inventions must be new, involve an inventive step, and be industrially applicable.
C) It is non-patentable subject matter
For example, inventions whose commercial exploitation is against public order or violates the law (including health/life/environment protection).
IMPI may also stop evaluating other requirements if the obstacle is: not an invention, non-patentable matter, or lack of industrial applicability.
Planning to file a trademark, patent, or design in Mexico and want to reduce rejection risk?
At Merida IP, we specialize in Industrial Property and can handle all proceedings before IMPI. Contact us to request a consultation.
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