I have applied through WIPO, and in some countries, my trademark application was accepted, but in others, I have received refusals. How is this possible, and what can be done about it?

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

This is the normal outcome of an international registration through the Madrid System. A WIPO international registration is not a single global trademark; it is a bundle of national designations. Each designated country examines the application under its own national law and has the right to refuse it on local grounds, entirely independently of what other countries decide.

A refusal in one country doesn’t affect your other registrations or pending applications. You hold valid registrations in the accepting countries and remain unaffected there.

In jurisdictions where you’ve received an office action or opposition, you still have time to respond directly to that country's IP office. The response process and available options (legal arguments, amended goods and services list, evidence of distinctiveness) are the same as for a national office action. To maximize your chances of success, consider working with a local attorney in the refusing jurisdiction.

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