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Provisional refusals

The Madrid system is by far the most popular way to extend trademark protection to several jurisdictions at once. When an international registration faces a provisional refusal by a national Office, the applicant should hire a local trademark attorney, and PATENTICA is happy to offer our professional advice and service to ensure grant of protection.


When undergoing examination in designated countries by the national Patent and Trademark Offices, pending international trademarks can be rejected on various absolute and relative grounds, such as similarity to prior trademarks, misleading nature, vague terms in the lists of claimed goods/services, lack of distinctive capacity and other grounds for refusal stipulated by the legislation.


At PATENTICA we analyze refusals, assess chances and offer balanced strategies for responding to the refusal in a way ensuring the shortest path to the decision to grant of protection in the country of the applicant’s interest.


If the term to handle a provisional refusal has already expired or in case the response has not been effective, it is not the reason to give up: final refusals can usually be further appealed, and PATENTICA will be here to help. For example, in Russia the first stage of the appeal process is done outside of courts, delegated to the Rospatent division – the Chamber for Patent Disputes.

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