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What are absolute grounds for refusal at the EUIPO?

Founder & Trademark Attorney

Absolute grounds for refusal are assessed by the EUIPO examiner and relate to the mark itself, independent of any third-party rights. An application will be refused on absolute grounds if the mark:

is not capable of being represented clearly and precisely in the register;
lacks distinctive character;
consists exclusively of descriptive signs or indications relating to the goods or services;
consists exclusively of signs that have become customary in trade;
consists exclusively of a shape or other characteristic dictated by the nature of the goods or necessary to obtain a technical result;
is contrary to public policy or accepted principles of morality;
is of such a nature as to deceive the public;
includes protected emblems such as national flags, state symbols, or official hallmarks without authorization.

Absolute grounds refusals can sometimes be overcome by demonstrating that the mark has acquired distinctiveness through use, or by limiting the goods and services to remove the descriptive element.

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