Oppositions and appeals
Procedural work (refusal responses, oppositions, appeals)
120 EUR / hour+ VAT
Estimate on request.
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Disputes and litigation · Provisional refusal response
Got a provisional refusal? We defend your trademark application
A provisional refusal means the OSIM or EUIPO examiner has objections to your trademark application, but the decision is not final yet. You have a short deadline to reply with arguments, evidence or a narrower list of goods and services. Brand New IP reads the refusal, tells you plainly what your chances are and drafts the response, including when you filed the application yourself.
We analyse the OSIM or EUIPO refusal, build the arguments and evidence, and file the response on time. Also if you filed the application yourself.
Procedural work (refusal responses, oppositions, appeals)120 EUR / hour + VAT
Your first consultation is free.
Who it’s for
This is for you if…
- You filed with OSIM or EUIPO yourself and received a refusal you are not sure how to read
- Your mark was found descriptive or lacking distinctive character
- Your list of goods and services was rejected as unclear or wrongly classified under the Nice classes
- Your international registration under the Madrid System was provisionally refused for Romania or the EU
- The response deadline is already running and you need someone to take over quickly
What’s included
What we do for you
- Reading the refusal and explaining the grounds in plain language
- An opinion on your chances and options: arguing, narrowing the list or dropping some goods and services
- Taking over as your representative if you filed yourself
- Drafting the response, citing relevant OSIM and EUIPO practice
- Gathering and organising evidence of use when we argue acquired distinctiveness
- Filing the response on time and following the file until the decision
- An appeal at OSIM or EUIPO if the decision is still negative
How it works
The steps, one by one
Step 1: Send us the refusal
Send us the refusal and the application number. The first thing we check is the response deadline, so you know how much time you have.
Step 2: Analysis and opinion
We read the grounds, look at how the office decided similar cases and tell you which option has the best chance.
Step 3: Gather the evidence
If the mark is found descriptive, we look for proof that the public already links it to your business: years on the market, sales, advertising, press, reviews.
Step 4: File the response
We draft the response, send it to you for approval and file it before the deadline.
Typical time: Within the deadline in the refusal
Step 5: Follow the decision
If the office accepts the arguments, the application moves on to publication. If not, we discuss an appeal.
Provisional refusal response
Did you file the application yourself?
That happens a lot, and a provisional refusal is often when people contact us for the first time. You don't need to file again: we take over as representative on the existing application and reply on your behalf.
You can hand us the file any time before the deadline. The earlier, the better, because good evidence is hard to collect in a few days.
Provisional refusal response
The “eBagaje” case
In January 2025, OSIM provisionally refused the figurative mark “eBagaje” as descriptive and lacking distinctive character. We replied with 15 annexes (62 pages) and a radio ad, showing more than 13 years of use on the market.
OSIM still rejected the application without examining the evidence. We appealed, and the OSIM Trademark Appeals Board admitted the mark for registration by Decision no. 91/2025, for all goods and services in classes 18 and 35.
Costs
What it costs
Official fees are paid to the office (OSIM, EUIPO or WIPO), carry no VAT and may change. Your first consultation is free.
Documents
What we need from you
- The provisional refusal from OSIM or EUIPO
- The application number and the documents filed with it
- A power of attorney (we prepare it)
- Evidence of use if the mark is already in use: invoices, advertising, sales figures, press coverage
Frequently asked questions
Questions about provisional refusal response
What is a provisional refusal?
It's the notice in which OSIM or EUIPO tells you that your trademark application can't be accepted as filed and explains why. It isn't a final rejection. You can reply within the deadline stated in the notice with arguments, evidence or a narrower list of goods and services. If you don't reply, the office usually issues a decision rejecting the application in full or in part.
How long do I have to respond to a provisional refusal?
The deadline is stated in the notice and runs from notification. At OSIM it is short, usually one month. At EUIPO it is typically two months and can be extended on request before it expires. Don't wait for the last few days: evidence of use takes time to collect, and a late extension request leaves you little room if it's refused.
Can I respond to an OSIM refusal myself?
Yes. If you live or are established in Romania, the law doesn't require a representative before OSIM. The response has to address the exact grounds raised, though, with the relevant articles of Law no. 84/1998 and the office's practice, and a generic text rarely changes the outcome. If you want to try yourself, we can review your response before you file it.
What does it mean that my trademark is descriptive?
The examiner thinks the name only describes the goods or services, such as their kind, quality or purpose, and that other traders should be free to use it. You can challenge that view, or prove that the mark has acquired distinctiveness through use, meaning the public already connects it with your business. That is how we got the “eBagaje” mark registered.
What happens if OSIM rejects the application anyway?
You can challenge the rejection before the OSIM Trademark Appeals Board, within the legal deadline that runs from notification of the decision. At EUIPO, the route is an appeal to the Boards of Appeal, filed within two months of the decision. You can bring the file to us at this stage too, even if you wrote the reply to the refusal yourself.
How much does a provisional refusal response cost?
We work at an hourly rate of 120 EUR plus VAT and give you an estimate before we start, once we have read the refusal. The number of hours depends on the grounds and on how much evidence needs organising. Official fees, where they apply, are paid separately. The first consultation, where we go through the refusal with you, is free.
Related services
- Oppositions and appealsWe file oppositions at OSIM and EUIPO against lookalike marks, answer oppositions you receive and take the case further on appeal when needed.
- Trademark registration at OSIMWe file your application with OSIM and follow it to the certificate. A fixed fee, the same for every type of mark.
- Trademark availability searchWe search the OSIM, EUIPO and WIPO registers for identical and similar marks and give you a written opinion on the risks.
Let’s talk about your trademark.
The first consultation is free. We’ll tell you honestly what can be protected, how and what it costs, before you pay anything.