My trade mark has been refused, what now?

Refusal does not automatically end the application

A trademark that is refused does not mean the matter is closed. The EUIPO and the BOIP usually indicate the reason for a refusal when they issue one and offer the opportunity to respond, for example by amending the application, providing clarification or challenging the refusal. A refusal can result from an initial examination by the office itself — for example because a name is deemed too descriptive — or from an opposition by another trademark holder who believes the new trademark is too similar to theirs.

What action to take in such a situation depends on the nature of the refusal and requires a substantive, legal assessment of the file. This is a different process from preparing and filing an application: arguments must be built against the office or against the opponent, and the rules for doing so are set out by the EUIPO or the BOIP. For that process, a trademark representative is needed; they guide the substantive aspect of a refusal or opposition.

Where to find this information: EUIPO and BOIP

These procedures — the grounds on which a trademark can be refused and the opportunity to respond — are described on the official websites of the EUIPO (for a Union trademark) and the BOIP (for a Benelux trademark). They also explain how an opposition procedure proceeds when a third party objects to an application.