Processing and decision-making on the application at the PRH

Formal examination

We examine each submitted application and, if need be, send the applicant an office action requesting that they correct any formal deficiencies within two months.

Please note that we will not start processing an application for the revocation or invalidation of a trademark if a matter pertaining to the same trademark is pending in the Market Court between the same parties.

Notifications to parties

We will notify the trademark owner or their representative of the application, and they will have the opportunity to give a statement on the matter within two months. We will also notify the applicant of any statements and reports given by the trademark owner. As a rule, the two parties can give statements twice during the processing.

If a pledgee or licensee has been recorded for the trademark in the Trademark Register, we will also notify them of the application.

Extensions

Both the applicant and the trademark owner can each get an extension to give their statements, once without explanations and thereafter in individual cases on separately considered grounds. Each extension is granted for two months at a time.

We grant a summer extension without any explanations if the deadline for giving a statement falls between 1 June and 31 August. This means you can be granted more than one summer extension.

The extension is subject to a fee. See our price list.

Decision-making

We decide on the matter based on both the application and the statements given on the application. This means we process the matter in writing. When making the decision, we are tied to the application and cannot assess the matter in a broader context or on grounds other than those provided in the application.

  • If there are no grounds for revoking or invalidating the registration, the application is rejected.
  • In contrast, if there are grounds for revocation or invalidation, the trademark registration can be revoked or invalidated either entirely or in part.
We can decide the matter even if the trademark owner has not given a statement on the matter. If the application has been filed based on non-use, it is then considered that the trademark has not been used.

Right to appeal

The losing party may lodge an appeal against our decision with the Market Court.

Later processing of an application about the same matter

If the application or action concerning the revocation or invalidation of a trademark has been legally decided on, a new application or action concerning revocation or invalidation will not be accepted for processing if the matter pertains to the same parties, the same trademark, the same claim and the same grounds, unless the circumstances have changed substantially.

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Latest update 20.06.2019