If you file a trademark application yourself, you may receive a provisional refusal. In that case, you cannot respond yourself but must seek professional assistance, for example from lawyers.
Our lawyers will analyse the grounds for refusing your registration, and we will work with the examiners at the ÚPV, OHIM or USPTO to get your application formally registered.
You can order this service by email, attaching a scan of the refusal notice, or by contacting us via our contact form.
Responding to Objections and Refusals
Not every trademark application proceeds smoothly. An examiner at the trademark office may raise objections, or the owner of an earlier mark may oppose the application. Receiving a provisional refusal or an objection can be worrying, but it does not necessarily mean that registration is impossible. In many cases the problem can be resolved with the right response.
Common Reasons for Objections
Objections usually fall into a few broad categories:
- The mark is considered descriptive or lacking distinctive character
- The description of goods and services is unclear or too broad
- The mark conflicts with an earlier registered or applied-for mark
- The mark could be misleading or contrary to public policy
- Formal requirements of the application have not been met
Deadlines Matter
An objection or refusal usually comes with a deadline for responding. If you do not respond in time, the application may be refused or treated as abandoned, and you may lose the filing date that gave you priority. As soon as you receive a notice, check the deadline and seek advice promptly.
Possible Responses
The right approach depends on the reason for the objection. It may be possible to argue that the mark is distinctive, to submit evidence that it has acquired distinctiveness through use, to amend or limit the list of goods and services or to reach an agreement with the owner of an earlier mark. Sometimes the best course is to file a new application in a different form. A careful analysis of the objection helps you choose the response with the best chance of success.
Representation
Some trademark offices require applicants from abroad to be represented by a qualified local professional, particularly when responding to objections. Even where this is not mandatory, specialist help often makes the process quicker and more effective.
Learning for the Future
An objection can also reveal how to make future applications stronger, for example through earlier searches and more precise descriptions.
If your trademark application has received an objection or provisional refusal, contact eTuls and send us a copy of the notice. We will review it and suggest the best way forward.
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