Q. We have received a Provisional Refusal raised against International Registration in South Korea under Madrid Protocol based on the vague/broad descriptions. Could you let us know how to overcome the issues raised in the Provisional Refusal?
A. When you receive a Provisional Refusal based on the vague/broad descriptions as shown below, to overcome it, the vague/broad descriptions should be amended in a clear and specific manner.
Article 38 (One Application for One Trademark)(1) Any person who intends to file an application for trademark registration shall file an application for each trademark by designating at least one category of goods in accordance with the classification of goods.
The vague/broad descriptions are indicated with bold and underlined formatting on the Provisional Refusal, and the examiner usually states a few examples of the clear and specific descriptions regarding some of the vague/broad descriptions on the Provisional Refusal.
In case of this provisional refusal based on vague/broad descriptions, that the chance of success to overcome the Provisional Refusal will be very high (over 80%) depending on how clear and specific the amended descriptions will be.
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