Answer the suspense or opposition of your brand

Answer the suspense or opposition of your brand

If your trademark or trade name application has received a suspension or an opposition, you should know that if the trademark is not answered, it will be denied.

The deadline to answer the opposition is 1 month from its publication, so you have to be quick.

The granting of the trademark will depend on the arguments provided in the answer to the failure / the opposition received. Trust our experts to get your brand concession.

The answer to a suspense related to the application of a trademark or trade name with us includes:

  • - study of the suspense or the opposition received, preparation of a response strategy and presentation of the reasoned response before the corresponding Trademark Office
  • - 10 years of active surveillance of your brand to detect trademark applications that may affect your rights
  • - 10 years of resolution of queries related to your brand
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The importance of answering the brand suspense received

A large number of trademark applications are suspended during their processing. It can be a formal fail or a substantive fail. In either of the two cases, it is necessary to answer the suspense received within the term for the trademark application to have a chance of being granted. You only get one chance to resolve the reason for failing. If the situation is not correctly resolved, the trademark application will be denied.

How much time do I have to answer the brand failure that I have received?

Only one month is available from the date of publication of the suspense in the BOPI (Official Bulletin of Industrial Property). It is a very short time and therefore it is important to know how to solve each reason for failure. It is advisable to trust the experts in trademark processing before the Spanish Patent and Trademark Office (OEPM) or before the European Union Intellectual Property Office (EUIPO), like us, they are used to solving all kinds of suspenses.

What kind of brand suspense are there?

There are basically two types of brand suspense. The first type of trademark failure is the one motivated by a formalism, such as that the products and services that are intended to be protected have not been well drafted or that the name declared in the application does not correspond to the name that appears in the image of the brand provided.

The second type of brand failure is the one motivated by an underlying cause. There are two types of substantive causes, those related to an absolute prohibition, such as that the trademark goes against public order or that the trademark is a generic or descriptive term, and those related to a relative prohibition, that is to say that a third party has filed an opposition against the trademark application since it considers that its rights will be violated if the requested trademark is granted.

¿Cuánto cuesta contestar un suspenso de marca?

Depende de la complejidad del suspenso. Para conocer el importe de la contestación basta con rellenar el formulario de contacto de esta página indicando el número de solicitud de marca. Nuestros expertos estudiarán el caso y te ofrecerán una opinión preliminar sobre las posibilidades de éxito, así como un precio cerrado por la contestación al suspenso de marca.

What happens if I don't answer the brand failure I received?

The mark will be denied in whole or in part. Most trademark failures affect the entire trademark application, so failure to answer will cause the total denial of the trademark.

In certain cases, especially in the cases of a formal suspension where the products and services have not been correctly classified, in case of not answering the suspension received, only the affected products and services will be denied. The rest of the mark will be awarded.

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