Question :
Can protection for a mark be refused in a designated country?
 
Answer :
The Office of a designated country has the right to refuse protection of a mark in the territory of that country. Refusal may be made on any of the grounds on which an application for registration filed direct with that Office might be refused. Refusal is notified to the International Bureau and recorded in the International Register.
In principle, any refusal must be issued no later than 12 months from the date on which the Office concerned was notified of the designation. However, where a country has made a declaration to that effect, the time limit is extended to 18 months. Such a country may also declare that a refusal based on an opposition may be issued after the expiry of the 18-month time limit, provided however that the Office concerned has, within the 18-month period, notified the International Bureau of this possibility.
At the end of the applicable time limit therefore, the holder of an international registration is in a position to know whether his mark has been accepted for protection in each of the designated countries, or whether protection has been refused in one country or whether there is still a possibility of refusal on the basis of an opposition in a particular country.

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