About the Provisional Refusal Notice.
When we receive a Notice of Provisional Refusal (briefly referred to as ARP), the examiner of the mark will indicate the inconsistency between the registered trademark and the provisions of the law (art. 5 of Law 84/1998). Once submitted for registration, the mark must not only be distinguished from the earlier marks, but must also comply with the law.
For example, art. 5 of Law 84/1998 which is the basis for the issuance of a Provisional Refusal Notice prohibits the registration as a trademark of non-distinctive signs ("my store" mark for business services in class 35) or descriptive ("business management" for business services). business consultancy in class 35).
The reasons for refusal that can be envisaged by the Provisional Refusal Notice do not stop here, and it is also forbidden to register as a trademark of names contrary to public order or to good morals or which contain signs of high symbolic value, especially a religious sign.
To continue with the registration procedure, the response to the irregularities reported by the examiner through the Provisional Refusal Notice must be submitted within 3 months. We can help you formulate an answer as convincing as possible for OSIM or EUIPO.
The story of a client
We thank the NOMENIUS team for the professionalism they have been involved in throughout the registration process, especially in the first phase, when we were refused the exclusivity of the mark "PORN4YOU Feeling Lonely? " For one of the selected categories but at their insistence I filed an appeal which it was completed favorably for us. We highly recommend!