An anonymised practice note based on official CNIPA documents. Names, marks, identifiers, dates and identifying details have been omitted or generalised. Options described below are not claims about steps actually taken or outcomes not documented.
What was received
Several files contain full refusals based on earlier marks, with annexes identifying the cited rights. The annex is essential: it defines which earlier rights and goods or services need investigation.
No review decision is supplied for these refusals. This article describes assessment and available routes, not a successful appeal.
Materials to prepare
Send the complete refusal, all annexes, the application as filed, specification and proof of receipt. Obtain current status information for each cited right: a historic annex may not reflect later refusal, cancellation or ownership changes.
Map each requested item against the cited rights and each independent legal ground. A comparison of logos alone may overlook goods similarity, wording or a separate prohibition.
Available choices
A refusal review may be appropriate where a defensible argument concerns similarity, scope or the cited right's status. The notice states a 15-day review period from receipt. Do not assume informal correspondence suspends it.
Other routes may include a replacement mark, a new filing for different coverage, acquisition of a blocking right or a justified challenge to it. A non-use cancellation needs its own factual basis and procedure. Starting one does not guarantee suspension or remove the review deadline.
Likewise, a consent letter is not an automatic cure. Ask which argument addresses each ground and what uncertainty remains before authorising a review.
How fees are determined
A quote should identify application and class coverage, official charges, analysis, drafting and evidence work. Translation, negotiations, a separate cancellation and court proceedings may be outside the package. Multiple cited marks can increase investigation work even for one application.
The notices contain no client invoice. They cannot establish what the applicant paid or whether an advertised standard package covers this pattern.
A useful instruction
Request a written deadline, a map of blocking rights, an assessment of every ground, the proposed route and a quote with exclusions. That supports a decision better than an unsupported success percentage.
Related practice notes
For the scope of a new instruction, see our services and pricing or client portal.
Further reading
Refusal review · Trademark Law
For a current instruction, the portal order or written quotation determines the agreed price and scope. The quote should identify the included official fees, professional work and any separately instructed proceedings.