Time Limits to Respond to Notifications of Provisional Refusal
The intellectual property (IP) Office of each Madrid System Member where you seek international protection of your mark must grant or refuse protection in its own jurisdiction.
If an IP Office provisionally refuses protection (ex officio or based on an opposition), it must give you a time limit to respond, including filing a request for review or appealing against the refusal. These time limits – as well as how they are calculated – vary among Madrid System Members.
Information on time limits provided by Madrid System Members
(Rule 17(7) of the Madrid System Regulations)
Ex officio refusal | Refusal based on opposition | |||
---|---|---|---|---|
Madrid System Member | Time limit to respond | How to calculate time limit | Time limit to respond | How to calculate time limit |
Albania | 4 months | From the date on which the holder receives the notification | 2 months to appoint a local representative | From the on which the holder receives the notification |
Bahrain | 60 days | From the date on which the Office issues the notification | 60 days | From the date on which the Office issues the notification |
Belarus | 3 months | From date on which holder receives the notification | Not applicable | Not applicable |
Benelux (Belgium, Luxembourg, Netherlands) | 3 months | From the date on which the Office issues the notification | 1 months | From the date on which the Office issues the notification |
China | 15 days | From the date on which the holder receives the notification from WIPO | 30 days | From the date on which the holder receives the notification from WIPO |
Czech Republic | 6 months | From the date on which the Office issues the notification | 6 months | From the date on which the Office issues the notification |
Denmark | 4 months | From the date on which the Office issues the notification | 4 months | From the date on which the Office issues the notification |
France | 1 month | From the date on which WIPO transmits the notification to the holder | 2 months | From the date on which WIPO transmits the notification to the holder |
Germany | 4 months * | From the date on which WIPO transmits the notification to the holder | 4 months * | From the date on which WIPO transmits the notification to the holder |
Ghana | 2 months | From the date on which WIPO transmits the notification to the holder | 2 months | From the date on which WIPO transmits the notification to the holder |
Greece | 3 months | From the date on which WIPO receives the notification | 3 months | From the date on which WIPO receives the notification |
Hungary | 3 months | From the date on which the Office issues the notification | 3 months | From the date on which the Office issues the notification |
Iceland | 3 months | From the date on which the Office issues the notification | 3 months | From the date on which the Office issues the notification |
Ireland | 3 months | From the date on which the Office issues the notification | 3 months | From the date on which the Office issues the notification |
Japan | 3 months | From the date on which the Office issues the notification | Not applicable | Not applicable |
Kazakhstan | 3 months | From the date on which WIPO transmits the notification to the holder | Not applicable | Not applicable |
Liechtenstein | 5 months | From the date on which the Office issues the notification | 3 months | From the date on which the Office issues the notification |
Norway | 3 months | From the date on which the Office issues the notification | 2 months | From the date on which the Office issues the notification |
Russian Federation | 6 months | From the date on which the Office issues the notification | Not applicable | Not applicable |
Samoa | 6 months | From the date on which the Office issues the notification | 2 months | From the date on which the Office issues the notification |
Serbia | 6 months | From the date on which the Office issues the notification | 2 months | From the date on which the holder receives the notification from WIPO |
Singapore | 4 months | From the date on which the Office issues the notification | 4 months | From the date on which the Office issues the notification |
Spain | 4 months | From the date on which the Office issues the notification | 4 months | From the date on which the Office issues the notification |
Sweden | 3 months | From the date on which the Office issues the notification | 2 months | From the date on which the Office issues the notification |
Thailand | 90 days | From the date on which the Office issues the notification | 90 days | From the date on which the Office issues the notification |
United Kingdom | 2 months | From the date on which the Office issues the notification | 2 months | From the date on which the Office issues the notification |
United States of America | 6 months | From the date on which the Office transmits the notification to WIPO | 40 days | From the date of the Trademark Trial and Appeal Board (TTAB) order setting discovery and trial dates |
(Latest update: December 8, 2023)
Find out more
- Search for more specific information on provisional refusals and subsequent procedures in each IP Office in our Madrid System Member Profiles available under eMadrid.
- Possible outcomes of susbtantive examination by IP Offices