What (if any) steps can the applicant take if registration is refused?

Intellectual Property (2nd edition)

Japan Small Flag Japan

An appeal to a trial court at the Japan Patent Office against examiner’s decision of refusal is available within three months from the date on which the certified copy of the examiner’s decision is served. In addition, the applicant may file with the intellectual property high court a suit for cancelling such trial decision.

UAE Small Flag UAE

Right

Appeal to refusal

TMs

An appeal can be filed with the Trade Marks Committee within 15 days for official fees of AED10,000 (approx. USD 2,725). There are subsequent appeals available to the Court of First Instance and beyond after the Trade Marks Committee.

Patents (UAE national filing)

An appeal can be filed within 60 days of the decision to the Grievance Committee of the Department. There are subsequent appeals available to the Court of First Instance and beyond after the Grievance Committee.

Utility Certificates

Designs

Patent (GCC patent filing)

An appeal can be filed with the Grievance Committee within 3 months of the date of the decision for official fees of USD 1,600. There are subsequent appeals available to the Courts in Saudi Arabia after the Grievance Committee.

Copyright

There is no formal appeal system, but often it is possible to discuss the matter with the copyright officials who will provide pointers as to what steps could possibly be taken to record the copyright works in the UAE through a new application.

Mexico Small Flag Mexico

Inventions

IP right

Available steps if registration is refused?

Patents

Challenge the decision by means of either: a Petition for Review before the Mexican Patent and Trademark Office or an appeal before the Federal Administrative Court.

Utility models

Industrial designs

Integrated circuits

Brands

IP right

Third parties right to take part in or comment?

Trademarks

Challenge the decision by means of either: a Petition for Review before the Mexican Patent and Trademark Office or an appeal before the Federal Administrative Court.

Trade names

Slogans

Appellations of Origin

Geographical Indications

 

Copyright and other rights

IP right

Third parties right to take part in or comment?

Reservation of rights

Challenge the decision by means of either: a Petition for Review before the Mexican Copyright Office or an appeal before the Federal Administrative Court.

Plant varieties

Challenge the decision by means of either: a Petition for Review before the Ministry of Agriculture or an appeal before the Federal Administrative Court.

India Small Flag India

Trademarks: If the application is refused, the Applicant has the option of filing an appeal with the Intellectual Property Appellate Board (IPAB) within 3 months of the communication of the order or file a review petition with the Controller to review his/her own decision.

Patents: The applicant has the option of filing appeal against the refusal order of the Controller with the Intellectual Property Appellate Board (IPAB) within 3 months of the communication of the order. The Applicant also has the option of filing a review petition before the Patent Office to review the Controller’s decision. Such a petition can be filed within a month from the date of the order.

Geographical indication: Applicant can appeal to the Intellectual Property Appellate Board (IPAB) within 3 months of the communication of the order.

Designs: If the design registration is refused by the Controller, then the applicant has the option of filing an appeal with the High Court against the order of the controller.

Updated: June 15, 2018