What is an office action at the EUIPO?

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Written by Igor Demcak

Founder & Trademark Attorney

An office action at the EUIPO is a formal communication from the examiner raising an objection to a trademark application. EUIPO office actions typically relate to absolute grounds for refusal: the mark is considered to lack distinctiveness, to be descriptive of the goods or services, or to fall under another absolute ground.

The applicant is given a deadline, typically two months, to respond. The response can take the form of legal arguments, evidence of acquired distinctiveness, a limitation of the goods and services list, or a combination of these. If the examiner is not satisfied with the response, the application is refused; the applicant can then appeal to the EUIPO's Board of Appeal.

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