Grounds for Refusal under Section 6(1) of the Trademark Law
Refusal example:
This application does not conform to the requirements provided for under Section 6(1) of the Trademark Law because some of the designated goods and services are inappropriately described in this application in a vague/broad manner.
In the provisional refusal the vague/broad description will be pointed out specifically. In some cases the examiner of the Japan Patent Office would give suggestions of examples of acceptable descriptions of goods/services corresponding to the goods/services above in terms of Section 6(1) of the Trademark Law.
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Madrid,
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vague |
Provisional Refusal
Time Limit for responding to the Notification of Provisional Refusal
The holder of the international registration may submit to the JPO a written opinion against the provisional refusal through the intermediary of a representative domiciled in Japan within 3 months from the date of pronouncement, as indicated on the bottom of the Notification of Provisional Refusal. If the holder wished to amend the designated goods and/or services, the amendment must be made through the intermediary of a representative domiciled in Japan by the same date.
Notification of Provisional Refusal is issued by the Japan Patent Office (JPO) in accordance with Rule (1) and (2) of the Common Regulations under the Madrid Agreement concerning the International Registration of Marks and the Protocol relating to that Agreement and Section 15-2 and 15-3 of the Japanese Trademark Law.