What is a written response to the suspense of a figurative mark with denominative elements?

A written response to the failure of a brand is a response that a owner, whether a natural or legal person, sends the competent authority (in Spain, the OEPM) to argue the reasons why you consider your brand should be accepted despite the opposition filed by a third party.

A figurative mark with denominative elements is a mark that combines a symbol, drawing or graphic form with a name, letter or set of letters. This brand is represented through a logo, which is a visual image with phonetic pronunciation.

For example Adidas or BMW

When to use this writing?

This writing must be used when the suspense is of a figurative mark with denominative elements. This type of mark differs from a pure figurative mark, which only consists of icons or symbols without any verbal element, and a word mark, which only consists of words or letters without any graphic element.

For example, Nike, Lacoste or Apple are purely figurative brands, and Zara, Google, Sony are word brands.

When not to use this script?

If what you want is to prepare a written response to the suspense of a word mark, that is, one that is made up only of words or denominative elements (such as letters or numbers), without graphic elements, at LexDoka we have a Written response to the suspension of a denominative mark.

Essential content

• Clear brand identification and application number.
• Identity of the applicant, whether natural or legal person.
• Brief summary of the reasons for rejection.
• Clear and concise arguments that support the brand’s distinctiveness and compliance with legal requirements.
• Additional evidence that supports the arguments presented.
• Persuasive conclusion reiterating the request for trademark approval.

Applicable law

• Trademark Law 17/2001, of December 8.
• Regulation 2015/2424 of the European Parliament and of the Council of December 16, 2015

Related concepts

• Response to the suspension of a denominative mark
• Distinctive Signs: brands and trade names

How much does it cost to do this writing on LexDoka?

LexDoka has an automated contractual model that allows you to create this contract, negotiate it and sign it, minimizing the time invested in the entire process. This automated model is free within all LexDoka subscription plans. If you want to try it, you can register for free to generate your first contract.