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Trademark suspension

Trademark suspension

In the competitive business world, protecting your trademark is essential. However, it is common to face trademark suspensions during the registration process. In these cases, having an lawyer specialized in trademark suspension can make all the difference. Below, we present our services as trademark suspension defense lawyers in Madrid.

Have you received a trademark suspension? Don’t worry!

In Letslaw we are specialists in industrial property and we offer you a comprehensive service to answer trademark suspensions from Madrid. We have a team of expert lawyers in trademark suspensions that will advise and represent you throughout the process, from the drafting of a solid correction letter to its filing before the Spanish Patent and Trademark Office (SPTO) or the European Patent and Trademark Office (EPO) or the European Patent and Trademark Office (EPO).

What are the most common causes of trademark suspensions?

The offices can impose a suspension to your trademark registration in three cases:

Formal defects

  • Lack of documentation: not all the required documents have been submitted (power of attorney, proof of payment, etc.).
  • Incorrect data: the data of the applicant or of the trademark do not coincide with reality.
  • Non-compliance with formal requirements: the application does not comply with the requirements established in the regulations.

Oppositions of third parties

  • Similarity with previous trademarks: another company has registered or applied for a similar trademark that could generate confusion in the market.
  • Intellectual property rights: the trademark applied for infringes copyrights, patents or industrial designs of third parties.
  • Trade names or signs: the mark is identical or similar to an existing trade name or sign.

Substantive grounds

  • Lack of distinctiveness: the mark is not sufficiently original or distinctive to identify the goods or services of a company.
  • Descriptive character: the mark describes the characteristics, quality or purpose of the goods or services.
  • Generic character: the mark has become a generic denomination to designate a type of product or service.
  • Contrary to public order or good customs: the mark is offensive, discriminatory or may cause confusion.

What should you do if you receive a notice of suspension?

If you find yourself in this situation, it is essential that you act quickly and contact lawyers specialized in responding to trademark suspensions, since, as we have seen, a trademark suspension can have several causes and requires a deep knowledge of the regulations and jurisprudence. Our team will advise you and help you to carry out:

  • Exhaustive analysis: we evaluate your case and explain the causes of the suspense in a clear and concise manner.
  • Identify the most solid legal arguments.
  • Drafting of allegations: we elaborate a custom-made correction letter, where we refute the arguments of the SPTO and defend your rights.
  • Legal representation: we represent you at all stages of the procedure before the SPTO.
  • Personalized follow-up: we keep you informed at all times of the progress of your case.
  • Avoid mistakes that may compromise the registration of your trademark.

Why should you choose Letslaw to reply to your trademark suspension?

  • Experience: we have been defending our clients’ industrial property rights for years and our lawyers are experts in answering trademark suspensions.
  • Expertise: our lawyers have an in-depth knowledge of trademark regulations and jurisprudence.
  • Results: our goal is to obtain the registration of your trademark quickly and safely.
  • Personalization: we adapt our strategies to the characteristics of each case.

Contact Letslaw’s team of trademark suspension lawyers to file your trademark suspension motion!

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