Provisional trademark refusal

Protecting your brand by contesting OSIM’s provisional refusal

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Provisional trademark
refusal

After submitting a trademark application, OSIM may issue a provisional refusal if it identifies a reason that prevents approval, indicating that the application does not meet certain legal criteria. However, this refusal can be contested, which may lead to the approval of the application.

We pursue this success alongside you through our specialized response drafting services, presenting solid arguments and relevant evidence to support the acceptance of your trademark. With a well-defined legal strategy, we ensure that issues are approached efficiently.

Benefits

Significant increase in the chances of trademark approval
Avoiding additional costs through efficient handling of issues
Preventing major issues during the trademark registration process
Obținerea drepturilor complete de utilizare a mărcii în piața națională
Building relevant arguments and preparing documentation
Ongoing assistance and consultancy throughout the entire procedure
3200+

Clients

2500+

Trademarks registered
at OSIM

800+

Registered trademarks

Portfolio

Ziarul Argeșul

The Argeșul newspaper, founded in 1876 in Pitești, is the oldest active Romanian newspaper, offering local news for over a century.

Webcar

WebCar comercializează autoturisme în Europa de peste 31 de ani, oferind clienților mașini de calitate și servicii transparente.

Prisaca Transilvania

Prisaca Transilvania produces 100% natural honey, propolis, supplements and vegan cosmetics from the heart of Transylvania.

Nativ

Nativ Restaurant in Cluj-Napoca serves grilled steaks made from local Romanian ingredients, in an authentic and welcoming setting.

FAQ

01
What is a provisional refusal of a trademark?

A provisional refusal is a notice issued by the intellectual property office (OSIM, EUIPO, WIPO) when a trademark application does not meet legal requirements or encounters procedural obstacles. This document explains the specific reasons why the application cannot be approved in its current form and gives the applicant an opportunity to respond, correct, or justify the proposed trademark before the refusal becomes final.

Our solution offers several advantages, including: analysis of the refusal (identifying weak points and opportunities for contestation), drafting the response (preparing a structured legal argument in accordance with legislation), providing evidence (support in gathering and organizing necessary documents), and full legal strategy to support the response, as well as case management (communicating with the office and monitoring deadlines).

A provisional refusal is issued when the applied-for trademark violates one of the legal requirements for registration. Common reasons include the lack of distinctiveness (when the mark does not clearly indicate commercial origin), a generic or descriptive character of the name, conflict with public order or good morals, misleading the public regarding the nature, quality, or geographic origin of the goods, or the unauthorized use of protected symbols such as coats of arms, flags, or state emblems. These grounds are assessed ex officio by the competent authority before the mark is published.

Termenele diferă în funcție de jurisdicție: pentru OSIM (România), termenul standard este de 30 de zile de la primirea avizului. La nivel de EUIPO (Uniunea Europeană), termenul este de 2 luni. Pentru WIPO (internațional), termenul variază în funcție de legislația fiecărui stat desemnat în cerere. Este esențial să respectați acest termen, deoarece depășirea sa poate duce la pierderea dreptului de a contesta refuzul.

The response must be well-structured and include several elements. First, legal arguments that explain, based on the applicable legislation, why the refusal grounds should not apply. Second, factual evidence demonstrating the distinctive character of the mark, its commercial use, or the absence of any likelihood of confusion. Third, possible amendments to the mark (if applicable), such as changing the description of goods or services or adjusting the design, in order to eliminate the refusal grounds.

If the refusal cannot be contested, the available options include: adjusting or modifying the trademark to eliminate the refusal grounds, choosing an entirely new mark, or filing a new application limited to goods or services that do not conflict with the refused mark.

The process can take between 1 and 6 months, depending on the complexity of the case and the time required by the office to analyse the response. In more complex situations, resolution may take longer.

Other services

Trademark Registration

We handle trademark registration at national (OSIM), European (EUIPO), and international (WIPO) levels, ensuring success throughout all stages of the process.

Trademark search report

We prepare detailed reports that analyze the availability of your trademark and identify potential risks of opposition from other companies.

Trademark Monitoring

We ensure daily monitoring of the Official Bulletin, notifications regarding identical or similar trademark filings, as well as initial consultation for potential opposition actions.
Protect your brand by responding to the trademark provisional refusal notice
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