What are the absolute grounds for refusal at the ÚPV SR?

Founder & Trademark Attorney · April 03, 2026

Absolute grounds relate to the mark itself, independent of any third-party rights. The ÚPV SR will refuse an application on absolute grounds if the mark, among other things:

cannot be represented clearly and precisely in the register;
lacks distinctive character;
consists exclusively of descriptive signs relating to the goods or services;
consists exclusively of signs that have become customary in trade;
consists exclusively of a shape or characteristic dictated by the nature of the goods or needed to obtain a technical result;
is contrary to public policy or accepted principles of morality;
is deceptive as to the nature, quality, or geographic origin of the goods or services;
includes protected emblems, such as national flags or official hallmarks, without authorization.

Some absolute-grounds refusals, particularly descriptiveness, can be overcome by showing the mark has acquired distinctiveness through use, or by limiting the goods and services.

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