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When can an IPO reject my application?

Written by Jan Buza

Co-founder of Trama

An IP office can reject your application during the examination period if the appointed examiner finds grounds for objection. This is communicated through an office action setting out the specific issues and giving the applicant a deadline to respond.

The most common reasons for a refusal are a lack of distinctiveness or a conflict with a previously registered or pending mark. Other, less common reasons are that the mark is contrary to public policy or accepted principles of morality, the specimen (in the US) does not demonstrate genuine use in commerce, or the application contains procedural deficiencies.

If no response is filed within the deadline, or if the response does not resolve the issues, the refusal becomes final.

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