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What are relative grounds for refusal at the EUIPO?

Founder & Trademark Attorney

Relative grounds for refusal arise from conflicts with earlier rights held by third parties, rather than from any issue with the mark itself. The EUIPO does not examine relative grounds on its own initiative; they are raised by third parties during the opposition period.

An opposition based on relative grounds can be filed by the owner of an earlier trademark (EU, national, or international) that is identical or confusingly similar to the applied-for mark and covers identical or similar goods or services. Earlier well-known marks, even if unregistered, can also form the basis of an opposition.

Other relative grounds include earlier rights in a trade name, a geographical indication, or a designation of origin.

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