# What Should You Do If Your Madrid Application Receives a Provisional Refusal?

> What does a Madrid provisional refusal mean? Refusal periods, reading the notification, response deadlines, limitation and grant statements; Madrid Monitor.

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A Madrid provisional refusal is notice, sent through WIPO (the World Intellectual Property Organization), that the trademark Office of a country designated in your international application cannot protect your mark there, entirely or for certain goods and services. As the name suggests, it is not final: within the time limit stated in the notification you can respond to the Office, usually through a local attorney, limit the scope, or accept the refusal. The time limit and procedure depend on the law of the Office that issued the refusal.

Below: when a provisional refusal can arrive, how to read it, your response options, and the decisions later sent to WIPO.

## What Is a Provisional Refusal, and Who Issues It?

The provisional refusal comes not from WIPO but from the Office of the designated Contracting Party; WIPO only records and transmits it. Under Madrid Protocol Art. 5(1), the Office may refuse only on grounds that would apply under the Paris Convention had the mark been filed directly with that Office. Protocol Art. 5(3) is also important: the holder has the same remedies as if the mark had been filed directly with that Office.

Under Common Regulations Rule 17(1), a provisional refusal is of two kinds. An ex officio refusal rests on grounds found in the Office's own examination, such as lack of distinctiveness, descriptiveness or conflict with an earlier mark. A refusal based on an opposition follows a third party's opposition in that country. One notification can contain both.

For how the system works overall, see our article on [international trademark registration and the Madrid Protocol](https://www.webx.net.tr/en/blog/international-trademark-registration-madrid-protocol).

## Within What Period Can a Refusal Arrive?

As a rule, the Office must notify its refusal within one year from the date on which WIPO notified it of the designation (Protocol Art. 5(2)(a)). Contracting Parties may declare this period to be 18 months (Art. 5(2)(b)), and may also declare that refusals based on an opposition can be notified after the 18 months (Art. 5(2)(c)). In that case, the Office must inform WIPO of possible oppositions before the 18 months expire and notify the refusal within one month of the end of the opposition period, and in any event no later than seven months after it begins.

According to WIPO's membership list dated July 8, 2026, Turkey has made both declarations, while the European Union and Japan have made the 18-month declaration. The list's footnotes show which declaration a country has made; the full list is in our article on [Madrid Protocol member countries](https://www.webx.net.tr/en/blog/madrid-protocol-member-countries). For subsequent designations, the period runs separately from WIPO's notification of that designation, so one registration may have different calendars for different countries.

Under Rule 18(1)(a)(iii), WIPO does not regard a refusal sent after the period as a refusal; it still sends you a copy and states why. An Office that notifies no refusal within the period loses the right to refuse for that registration (Art. 5(5)); WIPO calls this tacit grant of protection.

## How Do You Read the Notification?

Rule 17(2) lists the notification's contents, and nearly your whole response plan comes from these fields. On first reading, fill in this table:

| Information in the notification | Why does it matter? |
| --- | --- |
| Grounds and legal provisions | The subject and basis of your arguments |
| Conflicting earlier mark (if any) | Number, owner, list of goods and services |
| Goods and services affected | Is the refusal partial or total? |
| Time limit for response and its starting point | Calculating the last day |
| Authority to which to respond | Where the response must be filed |
| Requirement for a local representative | When to appoint a representative |

If the refusal is based on an opposition, the notification also names the opponent and the goods and services the opposition relies on (Rule 17(3)). Under Rule 17(2)(vii) the response time limit is at least two months, but its starting date varies by country.

## How Do You Calculate the Response Deadline?

Check the time limit both in the notification and on WIPO's "Time Limits to Respond to Notifications of Provisional Refusal" page, which compiles the countries' declarations. The same period starts on different days in different countries: the date the Office issued the notification, the date WIPO transmitted it, or the date the holder received it.

Examples from WIPO's page, updated August 28, 2026, show how large the difference is. In the United Kingdom, the time limit is two months from the date of the Office's notification. In China, it is 15 days for ex officio refusals and 30 days for refusals based on an opposition, running from the date the holder receives WIPO's notification. In the United States, it is six months for ex officio refusals, from the Office's transmission to WIPO. In Germany, for a holder not established there, it is four months from WIPO's transmission.

In countries with short time limits, every day between receiving the notification and appointing a local attorney counts. Deciding at the Madrid filing stage which attorney you will use in each country therefore saves time.

## What Are the Response Options?

The right option depends on the ground for refusal and the mark's importance in that market. The main routes:

| Option | When is it suitable? | Caution |
| --- | --- | --- |
| Arguments / observations | If the ground is open to debate | Usually through a local attorney |
| Limiting the scope | If the conflict is confined to certain goods | The limited scope is lost in that country |
| Agreement with the earlier mark's owner | If the markets can be separated | Acceptance depends on national law |
| Accepting the refusal | If the market is not a priority | Loss of protection in that country |

There are two ways to limit the scope. An amendment of the scope can be submitted to the refusing Office under that country's procedure, or a limitation of the goods and services can be requested from WIPO through eMadrid. According to WIPO's page, the limitation fee is CHF 177 per limitation, regardless of how many Contracting Parties it concerns; the limited items remain visible in the record but do not apply in the countries concerned. Confirm with the local attorney which route gets a faster result with the Office.

Your arguments depend on the ground. For an ex officio refusal for descriptiveness or lack of distinctiveness, the sign's meaning in that language and evidence of market use and reputation come to the fore. For refusals based on an earlier mark, the differences between the signs and between the goods and services are explained according to that country's similarity criteria. Whether, and how, non-use of the earlier mark can be raised also depends on national law, so build the response with an attorney who knows the local case law.

In refusals based on an opposition, you face an opponent as well as the Office. This can lengthen the case but also opens the way to settlement: agreeing with the opponent on dividing the scope, followed by withdrawal of the opposition, is often the quickest solution.

A letter of consent or a coexistence agreement from the earlier mark's owner can overcome the refusal in some countries, while in others it is not enough on its own. The logic followed in partial refusal decisions in Turkey is similar; for comparison, see our article on [options after a partial refusal](https://www.webx.net.tr/en/blog/partial-refusal-of-a-trademark-application).

## Responding to a Provisional Refusal Step by Step

1. **Record the dates:** The date of the notification, the date of WIPO's transmission and the day it reached you.
2. **Calculate the last day:** Compare the time limit in the notification with WIPO's table of time limits.
3. **Check the record:** In Madrid Monitor, confirm that the refusal has been recorded and see the status in the other countries.
4. **Appoint a local attorney:** Without delay if the notification requires one; even if it does not, work with someone who knows the country's procedure.
5. **Separate the grounds:** List the ex officio grounds, the opposition-based grounds and the affected items separately.
6. **Choose the strategy:** Arguments, limitation, agreement or acceptance; you can choose one for part of the scope and another for the rest.
7. **Respond within the time limit:** Keep the record showing that your response reached the Office.
8. **Follow the final decision:** Track in Madrid Monitor the statement the Office will send to WIPO.

## What Happens After You Respond?

Once all procedures before it are complete, the Office notifies WIPO of the final status. Under Rule 18ter(2), this is either a statement that the provisional refusal is withdrawn and protection is granted for all the goods and services, or a statement indicating the goods and services for which protection is granted. If the Office decides to maintain the total refusal, it sends a confirmation of total provisional refusal under Rule 18ter(3). If, after the final decision, the Office or a court takes a further decision affecting protection, it is notified separately under Rule 18ter(4).

You may also see an interim status along the way: Rule 18bis allows the Office to state that ex officio examination has been completed but that oppositions by third parties are still possible. According to WIPO, in some countries a further appeal against a final refusal to a higher administrative board or a court is also available; this too depends on national law.

If no response is filed, the Office makes the refusal final under its own procedure, and your mark is not protected there for the affected goods and services. This outcome does not affect the other designated countries.

## Five-Year Dependency and Transformation

For five years from the date of registration, the international registration depends on the basic application or registration in Turkey (Protocol Art. 6(2)-(3)). If during this period the basic mark is refused, cancelled or limited, the protection of the international registration falls to the same extent in all countries; the Office of origin notifies WIPO of this (Art. 6(4)). This is called "central attack".

In that case the transformation option under Art. 9quinquies comes into play: if, within three months from the cancellation of the international registration, a national or regional application is filed for the same mark in the countries where protection had effect, that application benefits from the date of the international registration and from its priority, if any. The scope of the application may not go beyond the list in the international registration, and it must comply with all of that country's requirements, including fees.

## The Role of TÜRKPATENT When Turkey Is the Office of Origin

TÜRKPATENT (Turkish Patent and Trademark Office) is the Office of origin for applications filed from Turkey: it compares the international application with the Turkish basic mark, certifies it and forwards it to WIPO, and it notifies WIPO of any cessation or limitation of the basic mark within the five years. A response to a foreign Office's provisional refusal, however, goes not to TÜRKPATENT but to the refusing Office, before the authority it specifies. Under Rule 17(4), the Office of origin receives copies of refusal notifications only if it has informed WIPO that it wishes to. So waiting for an extension or decision from TÜRKPATENT on a foreign refusal achieves nothing; the calendar follows the refusing Office's rules.

## Tracking with Madrid Monitor

Madrid Monitor is WIPO's free search tool for international applications and registrations, offered within eMadrid. The record shows the status in each designated country and any provisional refusal, statement of grant and confirmation entries. The only official publication of the Madrid System is the WIPO Gazette of International Marks. When weighing whether the conflicting mark is really an obstacle in that country, the assessment steps in our article on [what to do when a search turns up a similar mark](https://www.webx.net.tr/en/blog/similar-trademark-found-in-search) are also useful.

## Common Mistakes

- **Counting the time limit from WIPO's transmission date:** In some countries it runs from the Office's issue date, and days may have passed before the notification reaches you.
- **Sending the response to WIPO:** Arguments go to the refusing Office; only recording procedures such as a limitation are filed with WIPO.
- **Defending the entire scope:** Long arguments for items of no commercial importance raise costs unnecessarily.
- **Neglecting the basic mark:** An opposition against the basic application in Turkey can affect all your protection abroad.

## Fictional Example: Lunaria Kozmetik's European Union Designation

Fictional example: "Lunaria Kozmetik", relying on its Turkish application, designates the EU, the United Kingdom and the United Arab Emirates through Madrid. The EU designation receives a provisional refusal following an opposition by the owner of a similar mark registered earlier for perfumes; the refusal does not cover skin care products. No refusal arrives from the United Kingdom, and a statement of grant of protection arrives from the UAE.

Lunaria sells only skin care products in the EU. After review with the local attorney, perfumes are removed from the scope and a statement of grant of protection is awaited for the rest. You can read about the EU trademark's own opposition structure in our [European Union trademark registration](https://www.webx.net.tr/en/blog/european-union-trademark-eutm-guide) guide. Because Lunaria is preparing an agreement with a distributor in its export region at the same time, it also adds the steps on [protecting your trademark before working with a distributor](https://www.webx.net.tr/en/blog/protecting-your-trademark-with-foreign-distributors) to its calendar.

## Let's Review Your Provisional Refusal Notification Together

Share a copy of the notification and your international registration number, and together we can pin down the last day, the strength of the grounds and the choice between limitation and arguments. In [international trademark registration](https://www.webx.net.tr/en/hizmetler/uluslararasi-marka-tescil) files, Webx tracks incoming notifications and coordinates local attorneys in the necessary countries.

## Sources

- [WIPO Lex — Protocol Relating to the Madrid Agreement](https://www.wipo.int/wipolex/en/text/283484) (Art. 5 refusal and time limits, Art. 6 five-year dependency, Art. 9quinquies transformation)
- [WIPO Lex — Regulations under the Madrid Protocol (text of November 1, 2025)](https://www.wipo.int/wipolex/en/text/596531) (Rule 17 provisional refusal, Rule 18 irregular notifications, Rules 18bis and 18ter statements of final status)
- [WIPO — Time Limits to Respond to Notifications of Provisional Refusal](https://www.wipo.int/en/web/madrid-system/members/provisional-refusal-time-limits-to-respond) (response time limits by country, Rule 17(7) declarations)
- [WIPO — Madrid System: Filing International Trademark Applications – The Process](https://www.wipo.int/en/web/madrid-system/how_to/file/basics) (examination outcomes, tacit protection, decisions after refusal)
- [WIPO — Limit Goods and Services](https://www.wipo.int/en/web/madrid-system/how_to/manage/limitation) (limitation through eMadrid and its fee)
- [WIPO — Madrid Union membership status (July 8, 2026)](https://www.wipo.int/documents/d/treaties/docs-en-madrid_marks.pdf) (Art. 5(2)(b) and 5(2)(c) declarations)
- [WIPO — Madrid Monitor](https://www3.wipo.int/madrid/monitor/en/) (status of international registrations by country)

## Frequently Asked Questions

### Does a provisional refusal from one country affect my protection in the others?

No. In the Madrid System each designated country decides separately under its own law; one Office's refusal concerns protection in that country only. Countries where protection has been granted or where the process is still ongoing are not affected. The situation is different if your basic application or registration in Turkey ceases to have effect within the first five years; in that case the entire international registration is affected to the same extent.

### Do I receive the provisional refusal notification, or does my attorney?

WIPO sends a copy of the refusal notification to the holder of the international registration; if a representative is recorded in the International Register, correspondence goes through the representative. The Office of origin receives a copy only if it has told WIPO it wishes to. That is why it matters to keep the contact details in the international registration up to date and to decide at the outset who will follow the notifications.

### If the refusal is based on several grounds, do I have to answer all of them?

For every good and service you want protected, all the grounds affecting that scope have to be overcome. Leaving one ground unanswered can make the refusal final for that scope even if you overcome the others. In practice, one ground may be met by a limitation and another by arguments, so the response is built ground by ground.

### Can I file a new national application directly in the country that issued the provisional refusal?

Yes, but the new application gets its own date and does not benefit from the date of the international registration. If the refusal is based on an earlier mark, the new application will face the same obstacle. This route usually makes sense when you want to start again with a changed sign or scope; decide by comparing it with the chances of responding to the existing refusal.

### Can the time limit for responding to a provisional refusal be extended?

That depends entirely on the law of the Office that issued the refusal; the Madrid Protocol and the Common Regulations set no common rule on extensions, requiring only that the time limit be at least two months and that countries notify their time limits to WIPO. Some Offices grant extra time on request and some do not. For the procedure in a given country, consult the member profiles in WIPO's eMadrid and a local attorney; do not wait until the last day counting on an extension.

### I have received neither a refusal nor a statement of grant of protection; is my mark protected?

According to WIPO, if the designated Office notifies no refusal within the 12-month period, or the 18-month period if it has so declared, protection is deemed granted tacitly and the Office loses the right to refuse after that period. In countries that have declared that refusals based on an opposition may be notified after the period, you also have to wait for the opposition window to close. Checking the record in Madrid Monitor is the safest way to confirm the status.

## Related Resources

- [International Trademark Registration](https://www.webx.net.tr/en/hizmetler/uluslararasi-marka-tescil): Describes trademark protection abroad via the Madrid Protocol (WIPO), the EU trade mark (EUTM) and direct national filings.
- [Madrid Protocol Member Countries: Where Can You Register a Trademark?](https://www.webx.net.tr/en/blog/madrid-protocol-member-countries): Madrid Protocol member countries: 117 contracting parties per WIPO, a region-by-region table, key markets outside Madrid and 2026 filing fees from Turkey.
- [What Is International Trademark Registration and the Madrid Protocol?](https://www.webx.net.tr/en/blog/international-trademark-registration-madrid-protocol): International trademark registration from Turkey: how the Madrid Protocol works, the TRY 3,850 TÜRKPATENT fee, the 5-year dependency and which route to choose.
- [Partial Refusal of a Trademark Application in Turkey: What to Do Next](https://www.webx.net.tr/en/blog/partial-refusal-of-a-trademark-application): A partial refusal of a trademark in Turkey removes only some goods and services. Appeal within 2 months, division, consent letters and other options compared.
- [How Do You Protect Your Trademark Before Working with a Foreign Distributor?](https://www.webx.net.tr/en/blog/protecting-your-trademark-with-foreign-distributors): What if your foreign distributor registers your trademark in its own name? Paris Convention Art. 6septies, contract clauses and filing order to prevent it.
- [European Union Trademark Registration (EUTM) Guide](https://www.webx.net.tr/en/blog/european-union-trademark-eutm-guide): EU trademark registration: one EUIPO filing for 27 countries, the EUR 850 filing fee, the 3-month opposition period, the EEA representative rule and Madrid.
- [A Similar Trademark Came Up in Your Search: 7 Options and a Decision Guide](https://www.webx.net.tr/en/blog/similar-trademark-found-in-search): Found a similar trademark in your search? First classify the record, then choose: rename, narrow the list, seek revocation, get consent or buy the mark.