Provisional Refusal of Protection
Synonims: Preliminary Refusal, Refus Provisoire de Protection
Provisional Refusal of Protection can be made by the trademark registration authority of the designated country if the trademark under international registration procedure does not comply with the requirements of the laws of such designated country.
In Russia, Provisional Refusal of Protection can be made by Federal Service for Intellectual Property (Rospatent).
There can be two types of Provisional Refusal of Protection in Russia: 1) Partial or 2) Total.
Partial Preliminary Refusal can be made if there are discrepancies e.g. in relation to the list of goods&services in the international application (e.g. there are already registered identical or similar trademarks being obstacles to new trademark registration).
Total Provisional Refusal can be made if, for example, Rospatent supposes that the trademark lacks distinctiveness (e.g. trademarks formed by only numbers, letters without specific sense etc.), can mislead customers (e.g. contains phrases like "since .... year"), etc.
There are possibilities to overcome both Provisional and Total Refusal of trademark protection. In some cases the procedure is easier and quicker, in others - more complicated and time-consuming.
In some cases it is enough to provide the evidence documents together with formal written detailed response created by our experienced patent attorney, in other cases in order to get trademark registered in Russia it is necessary to stop protection of the opposed trademark.
In any case everything greatly depends on the circumstances of a particular case, as well as on having enough time for preparation of response to overcome Provisional refusal of protection.
Please note, that 6-month period given for provision of such a response to Russian trademark authority (Rospatent) can not be prolonged and if no formal response was provided to Rospatent by your Russian patent attorney, then Rospatent will make decision on its own (usually confirms provisional refusal).
Therefore do not wait and ASAP send us the number of your international registration to get initial evaluation of situation FOR FREE.