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How do I respond to an EUIPO examiner's objection?

Founder & Trademark Attorney

The response depends on the nature of the objection raised. Most EUIPO objections relate to absolute grounds, typically a finding that the mark lacks distinctiveness or is descriptive of the goods or services in the application.

A response can include legal arguments challenging the examiner's reasoning, evidence of acquired distinctiveness through use (such as sales data, market research, and advertising records), a limitation of the goods and services list to remove the problematic elements, or a combination of these approaches.

Responses must be submitted within the deadline specified in the office action, typically two months from the date of the notification. Extensions are available on request in some circumstances.

Where the objection is substantive, working with a trademark attorney to draft the response is advisable; the quality of the arguments and evidence presented can determine the outcome.

Start with a free assessment of your office action with Trama.

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