Pablo has filed a CTM application for his mark to obtain protection throughout the European Union. Spain has refused registration of the mark. What is the effect of this refusal as to other EU countries? What option might Pedro pursue after this rejection?

What will be an ideal response?


The CTM application fails entirely in an "all-or-nothing" scenario. Once Spain refuses registration, the application fails in all other EU member nations. It can, however, be converted into separate applications in any country in which it has not been refused so that Pedro can obtain protection on a "country-by-country" basis.

Legal Studies & Paralegal

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