APPEALS OF PROVISIONAL NOTIFICATION AND DECISIONS ON TRADEMARK REGISTRATION REFUSAL

OVERCOMING PROVISIONAL TRADEMARK REGISTRATION REFUSALS:

If the sign requested does not correspond to the prescribed requirements or corresponds to the requirements for only a part of the classes of goods and/or services requested, the applicant shall be sent a provisional notification on refusal of trademark registration, and shall be given a 2 month-period to express his/her opinion on the grounds of invalidity and/or submit a letter confirming the consent of the opposite right holder for the registration of the sign applied for (except for identical trademarks).

APPEAL DECISIONS ON TRADEMARK REGISTRATION REFUSAL:

Any decision on the applications for registration of trademarks may be challenged.

The appeal may be filed with the AGEPI by the parties within two months of receipt of the decision, or by third parties holding information about the registration of the trademark – within the period between the date of issue and date of registration of the trademark.

The Appeals Board shall examine the appeal within 3 months from the filing date. Where the applicant shall not agree with the decision of the Appeals Board, he/she can bring the case to court.

OBSERVATIONS AND OPPOSITIONS AGAINST TRADEMARK REGISTRATION:

Within 3 months from the publication of the application for trademark registration, the following actions may be taken against trademark registration:

submission of reasoned observationson the necessity to refuse the trademark registration under absolute grounds (Article 7 of Law no.38/2008) by any natural or legal person;
submission of reasoned opposition against the trademark registration under relative grounds (Article 8 of Law no.38/ 2008) by the holder of a previous or a well-known trademark, the holder of a previous right regarding his/her own name or image, a protected geographical indication or appellation of origin, a protected industrial design or the owner of copyright as well as any other interested person.

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