Obstacles arising from the nature of the sign itself are the reasons why the Industrial Property Office (ÚPV) or the European Intellectual Property Office (EUIPO) will refuse to register a trademark even without any third-party objections.

These obstacles are called absolute and their aim is to prevent the registration of a sign that could not fulfill the essential function of a trademark – i.e. clearly distinguish the products or services of one entrepreneur from others.

Typical examples of absolute obstacles to registration:

Descriptive sign – e.g. “Fresh pastries” for a bakery or “Sweet vanilla” for a manufacturer of vanilla products. Such a sign only describes the type, quality, quantity, purpose or property of the product and is therefore not capable of distinguishing.

Signs without distinctive character – too general or commonly used terms that the consumer will not perceive as a brand (e.g. “Super”, “Quality”, “Best Choice”).

Misleading designation – a designation that may mislead the consumer, e.g. about the origin of the goods, their quality, composition or manufacturer (“BioCoffee”, if the coffee is not truly organic).

Designations contrary to public order or morality – vulgarisms, hateful or offensive expressions, politically or morally unacceptable names.

Designations protected by other legal regulations – for example, state emblems, EU symbols, international organisations or designations of origin.

How the examination is carried out:

The Office examines these obstacles on its own initiative as part of the application procedure, regardless of whether anyone files an objection. If an obstacle is found, it will reject the application in whole or in part.

Practical significance:

Entrepreneurs should take these obstacles into account when creating a brand.

Before you file a trademark application, check that your designation is sufficiently original, distinctive and not misleading. This will avoid unnecessary rejection and loss of application fee.