What to do if OHIM application is rejected

弁護士

If your trademark is not registered, then OHIM (now EUIPO) would have rejected your application. The refusal could be based on formalities, absolute grounds, relative grounds (if a third party filed an opposition against your trademark application). In any case, you are able to appeal against the decision/refusal.

弁護士

Another option you may wish to consider is converting your EUTM application into separate EU Member State applications where circumstances allow. While there are some procedural hoops to jump through and additional costs, your converted application/s will retain the filing date of your EUTM.

弁護士

At this point you only have to wait until a message from OHMI to tell you if something is wrong with you application.

If you want to know my real opinion about this situation, I think you acted before to take advise and you are now worrying about the issue.

I see only one option to stop you to worry about this issue. Hire a lawyer to have your trademark request reviewed and he will be able to tell you have good chance to have this trademark or not. He or she will be also able to take action to correct the problem if possible or to redirect you on a new request adapted to your situation.

Last thing, even if no lawyer is requested to fill a trademark form, It is a good idea to ask one before to fill the form, as the registration fee of the OHMI are not refundable.

So your only solution at my point of view it to call a lawyer to have your trademark claim reviewed.

Last thing, if big companies hire lawyer to do it, it is because it makes sense, and because it is the best way to do it.

商標エージェント

Wait for the Official reply issued from EUIPO (you may maybe see it online) and then show it to a Trademark Representative or Lawyer for advise