Provisional Refusal Notification in Trademark Examination
During the substantive examination of a trademark application, the competent authority – OSIM, EUIPO, or WIPO – may issue a Provisional Refusal Notification if it determines that the sign fails to meet the legal requirements for registration. Grounds for such refusal may include lack of distinctiveness, use of descriptive or misleading terms. The issuance of this notification does not constitute a definitive rejection but opens a procedural window for the applicant to respond with observations or amendments aimed at overcoming the objections.
Our trademark attorneys conduct a thorough assessment of the reasons stated in the refusal and devise the most effective response strategy. Depending on the nature of the objections, we intervene either through detailed legal arguments and doctrinal references substantiating the registrability of the sign in its proposed form, or by suggesting tactical modifications—such as disclaiming certain elements, reclassifying goods and services, or narrowing the territorial scope. Our approach is always tailored to the specific circumstances of the case, aligned with the client’s commercial objectives and the relevant authority’s practice and jurisprudence.
Responding to a provisional refusal represents a pivotal stage in the trademark registration process, where legal precision and a deep understanding of administrative practice can determine the outcome. Through our prompt and well-reasoned intervention, we maximize the probability of a favorable decision and safeguard the client’s investment in their brand identity. We offer comprehensive support, from drafting formal observations to liaising with the authority and monitoring the final resolution.
