Article 193
Designation of goods and services and examination
as to absolute grounds for refusal
- International registrations designating the Union shall be subject to examination as to their
conformity with Article 33(2), (3) and (4) and to absolute grounds for refusal in the same
way as applications for EU trade marks.
- Where an international registration designating the Union is found to be ineligible for
protection pursuant to Article 33(4) or Article 42(1) of this Regulation for all or any part of
the goods and services for which it has been registered by the International Bureau, the
Office shall issue an ex officio provisional notification of refusal to the International
Bureau, in accordance with Article 5(1) and (2) of the Madrid Protocol.
- Where the holder of an international registration is obliged to be represented before the
Office pursuant to Article 119(2), the notification referred to in paragraph 2 of this
Article shall contain an invitation to appoint a representative within the meaning of
Article 120(1).
- The notification of provisional refusal shall state the reasons on which it is based, and shall
specify a time period by which the holder of the international registration may submit his
observations and, if appropriate, shall appoint a representative. The time period shall start
on the day on which the Office issues the provisional refusal.
- Where the Office finds that the international application designating the Union does not
contain the indication of a second language pursuant to Article 206 of this Regulation, the
Office shall issue an ex officio provisional notification of refusal to the International
Bureau pursuant to Article 5(1) and (2) of the Madrid Protocol.
- Where the holder of an international registration fails to overcome the ground for refusing
protection within the time limit or, if appropriate, to appoint a representative or to indicate
a second language, the Office shall refuse the protection in whole or for part of the goods
and services for which the international registration is registered. The refusal of protection
shall take the place of a refusal of an EU trade mark application. The decision shall be
subject to appeal in accordance with Articles 66 to 72.
- Where, as of the start of the opposition period referred to in Article 196(2), the Office has
not issued an ex officio provisional notification of refusal pursuant to paragraph 2 of this
Article, it shall send a statement to the International Bureau, indicating that the
examination of absolute grounds of refusal pursuant to Article 42 has been completed but
that the international registration is still subject to oppositions or observations of third
parties. This interim statement shall be without prejudice to the right of the Office to
re-open the examination of absolute grounds on its own initiative any time before the final
statement of grant of protection has been issued.
- The Commission shall adopt implementing acts specifying the details to be contained in
the notification of ex officio provisional refusal of protection to be sent to the International
Bureau and in the final communications to be sent to the International Bureau on the final
grant or refusal of protection. Those implementing acts shall be adopted in accordance with
the examination procedure referred to in Article 207(2).