Patentes y marcas
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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.
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.
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.
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.
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.