60.4.8 Reporting on an IRDA

4.8.1  Relevant Legislation

Madrid Protocol Regulations

Rule 17 Provisional Refusal and Statement of Grant of Protection

Trade Mark Regulations

17A.16 Examination of IRDA - report to holder

17A.17 Examination - holder's response to report

17A.18 Examination - further report to holder

4.8.2  Process

Authorised examiners  undertake examination of IRDAs. After examination of the IRDA one of the following occurs:

• If there are no grounds for rejecting an IRDA a clear assessment is prepared.  

• If grounds for rejection exist with regard to all of the goods and/or services, full provisional refusal is issued.

  • The examiner selects Full Refusal as the assessment outcome, and authors the report accordingly.

• If grounds for rejection exist with regard to only some of the goods and/or services, partial provisional refusal is issued.

  • The examiner selects Partial refusal as the assessment outcome, and authors the report accordingly.

  • The appropriate amendment or endorsement is set up on the system.

  • Before approving the refusal the approving officer must ensure that:

    • Full Refusal has not been selected as the assessment outcome,
    • the wording of the amendment or endorsement is appropriate