<\/p>\n
An EUIPO objection raising obstacles to registration is not yet a final refusal. The applicant has the opportunity to respond to the objection and, depending on the ground, to submit arguments and evidence or to amend the application within the permitted limits before a decision is issued.<\/p>\n
Before discussing the available steps, it is worth distinguishing three different situations that are frequently confused in practice: deficiencies in the application itself; EUIPO objections on absolute grounds during examination; and an opposition that may be filed after publication of the application by persons holding the relevant earlier rights. This article concerns the second situation: what happens when EUIPO examination identifies an obstacle to registration, and what the applicant can do about it.<\/p>\n
After an application is filed, EUIPO first checks the formal requirements and the classification of goods and services under the Nice Classification. Where the formalities are in order, the application undergoes examination on absolute grounds for refusal under Article<\/strong> 7(1) EUTMR<\/strong> \u2014 and only after that is it published.<\/p>\n The main groups of absolute grounds are:<\/p>\n EUIPO does not refuse registration ex officio merely because a similar earlier mark exists. A conflict with earlier rights is a relative ground and may become the subject of an opposition after publication of the application \u2014 for more detail on timelines, proof of use, and tactics, see our article on third-party oppositions at EUIPO<\/a>.<\/p>\n Article 42(2) EUTMR does not permit an application to be refused without first giving the applicant the opportunity to withdraw or amend it within the permitted limits, or to submit observations. Where examination identifies an absolute ground, EUIPO sends a reasoned objection specifying the particular ground and setting a deadline for a response.<\/p>\n Within that period, the applicant may respond, amend the application within the permitted limits, or withdraw it. Only if the applicant fails to overcome the objection does EUIPO issue a decision to refuse \u2014 in full or in part.<\/p>\n There is no point in waiting for that decision before taking action. The greatest opportunity to influence the outcome lies precisely at the stage of responding to the objection, while a decision has not yet been made.<\/p>\n Article 49(1) EUTMR allows the application to be withdrawn in full or the list of goods and services to be restricted at any time \u2014 this can be done even after publication.<\/p>\n Article 49(2) EUTMR allows only the correction of the applicant's name and address, typographical errors, or obvious mistakes \u2014 provided the correction does not substantially alter the mark itself or expand the list of goods and services. The list of goods and services cannot be extended after the application has been filed. The correction procedure cannot be used to substantially alter the applied-for trade mark \u2014 a new sign requires a new application.<\/p>\n The correct selection of classes affects both the risk of an objection on absolute grounds and the risk of a subsequent opposition \u2014 for more on this, see our article on the Nice Classification and classification of goods and services<\/a>.<\/p>\n Where the applicant's arguments have not overcome the objection, EUIPO refuses registration \u2014 in respect of the entire application or only part of the goods and services (Article 42(1) EUTMR).<\/p>\n A partial refusal is practically significant: it does not mean the loss of the entire application. The mark may be registered for those goods and services to which the ground for refusal does not apply, while for the remainder the applicant decides whether to appeal the decision or to abandon the contested part of the specification.<\/p>\n Following a decision of full or partial refusal, the party adversely affected may lodge an appeal with the EUIPO Board of Appeal.<\/p>\n A Notice of Appeal must be filed within two months<\/strong> of the date of notification of the decision \u2014 and the appeal fee must be paid within that same period: \u20ac720<\/strong>Statement of Grounds must be filed within four months<\/strong> of the same date (Article 68 EUTMR).<\/p>\n The deadlines, the requirements for the grounds of appeal, and the procedure before the Board of Appeal are covered in detail in our article Appeal at EUIPO: Timelines, Procedure, and Consequences for an EU Trade Mark<\/a>.<\/p>\n\n
An EUIPO Objection Is Not Yet a Refusal<\/h4>\n
What to Do After an EUIPO Objection<\/h4>\n
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What Can and Cannot Be Amended in the Application<\/h4>\n
Full and Partial Refusal<\/h4>\n
When an Appeal Becomes Necessary<\/h4>\n