Can I claim acquired distinctiveness only as a fallback?

Yes. The claim can be your main argument or a fallback, and you can make it at filing or in your reply to the objection.

What does an appeal against an EUIPO refusal cost?

The appeal fee is €720. File the notice and pay within 2 months of the decision, then the written grounds within 4 months.

Can I keep protection in some EU countries if EUIPO refuses my mark?

Yes. Within 3 months of a final refusal you can convert it into national applications that keep the EU filing date, except in countries where the refusal ground applies.

I missed the EUIPO reply deadline. Is the application lost?

Not always. You can request continuation of proceedings within 2 months of the missed deadline, file the missing reply and pay the fee.

Do I need evidence from all 27 Member States?

Not country by country. Evidence must cover the whole area where the mark lacked distinctiveness, but EU-wide or cross-border evidence can count for several countries.

How long do I have to respond to a European Union office action?

2 months from the date of the EUIPO notification. A first request made before the deadline is normally granted for 2 more months. Anything further needs exceptional circumstances, and the total cannot exceed 6 months.

What happens if I miss the deadline?

The application is not lost at once. Within 2 months of the missed deadline you can request continuation of proceedings. You must file the missing reply and pay the fee at the same time. If you do nothing, EUIPO can refuse the mark. A response filed inside the original window avoids the extra fee and risk.

Office action response · EUIPO

EUIPO objected to your EU mark. Answer before it decides.

EUIPO usually gives 2 months to reply. A problem in one EU language can block the whole mark.

Start My Response

Questions first? Ask our attorney.

Replies from $150, confirmed in writing after a free review.

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Before you start

Where did the objection come from?

An EUIPO examination letterYour EU application got a formal or absolute-grounds objection. Our attorney drafts and files the reply.Start My Response
A refusal of your Madrid markEUIPO refused your international registration covering the EU. The reply goes to EUIPO.Start My Response
A UKIPO objectionSince Brexit, a UK application is a separate case at a separate office.See UK Response

How pricing works

A flat fee, agreed before any work.

1
Free review

Send the report. Our attorney reads each objection and tells you the options.
2
A fixed price in writing

Replies start from $150. You get the fixed price for your reply before any work begins. A hearing or appeal is quoted the same way.
3
Office fees at cost

Any EUIPO fees are passed through at cost, itemised before you pay.

The first flat fee covers

Full review of the EUIPO office action and cited prior marks
Response strategy memo before drafting. You approve the approach
Attorney-drafted response with statutory argumentation
Acquired-distinctiveness evidence package if the refusal turns on distinctiveness
Specification amendments if narrowing helps clear the refusal
EUIPO portal filing on your behalf

Know the rules

How objections work at the EUIPO.

To reply to an EUIPO objection: No fee
Checked for a descriptive meaning: 24 languages
Continuation fee if you miss the deadline: €400
Appeal fee at the Boards of Appeal: €720

1

Formalities and classes

Unclear terms or missing details get a deficiency letter. You have 2 months to fix it.
2

Absolute grounds letter

EUIPO explains why it would refuse, for example the mark is not distinctive.
3

Reply, narrow or prove use

Argue, delete goods, or show the mark became distinctive through use.
4

Decision and appeal

Refused? Appeal within 2 months, or convert into national applications.

Key dates

2 months

Reply to the objection
Before the deadline

Ask for 2 more months
6 months at most

Total time with all extensions
+2 months

Continuation of proceedings, €400
2 months after refusal

Notice of appeal, €720
3 months after final refusal

Convert into national applications

Your deadlines

Your situation

Date of EUIPO's letter

An estimate. The letter may set a different period, so we confirm it from the letter.

Pick a date to see your own deadlines.

What you need

EUIPO's letter and its deadline
Evidence of use before the EU filing date
Sales and advertising figures by country
The goods you could drop

Common mistake

Proof from one market

Show distinctiveness wherever the objection applies, not just your main market.

Common mistake

Evidence dated too late

Use after the EU filing date does not count.

Common objections

Article 7(1)(b) Lack of distinctiveness
Article 7(1)(c) Descriptiveness
Article 7(1)(f)/(g) Public policy or deceptive

Official sources (9)

The team on your file

Your attorney, and a team behind every step.

Our attorney reads the objection, drafts the reply and files it with the EUIPO. Your account team tracks the deadline and any extension.

Your Account Manager

Your day-to-day contact. Knows your file, so every conversation starts where the last one ended.
Your Senior Account Manager

Senior oversight on strategy and anything that escalates, so nothing important slips.

Lead attorney

Petyo Petkov

EU Attorney

EUIPO professional representative

View profile

The wider GTC team

Attorneys and legal specialists supporting your matter.

Meet our team

In their words

Rajat has expertly guided me through the process of registering my company in the USA, Canada, UK, Australia, New Zealand, and more. Currently, he is safeguarding my business interests on a global scale. His dedication and expertise are unmatched.

Darius Tay, Indonesia

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EU office action questions