What happens if the ÚPV SR issues a call to remedy deficiencies?

Founder & Trademark Attorney · April 04, 2024

An office action (výzva na odstránenie nedostatkov) is a formal notice from the ÚPVSR that identifies formal or substantive issues with your application. The issues highlighted can be administrative errors, unclear goods and services, or more substantive issues like descriptiveness or confusing similarities to previously registered marks.

If you receive an office action, you must respond by resolving the issues raised by the examiner. Formal deficiencies are resolved by correcting errors or providing additional information to the examiner. Substantive objections require a more reasoned response, which includes stronger legal arguments, a limitation of protection, or evidence of acquired distinctiveness.

If the deficiency is not remedied within the deadline, the office will either refuse the application or halt the proceedings, depending on the nature of the problem. If the response satisfies the examiner, the application proceeds.

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