Overcoming provisional refusals of Madrid applications in Iran
Your international registration designated Iran and WIPO has forwarded a notification of provisional refusal. This page sets out what the refusal means, the deadline you are working against, and how we respond to it — whether the ground is ex officio or a third-party opposition.
A provisional refusal is not the end of the Iranian designation — it is the start of a defended examination. Most refusals can be answered; what they cannot survive is a missed deadline.
Why Iran refuses Madrid designations
The Iranian office examines international registrations designating Iran on the same substantive grounds as national filings. A notification of provisional refusal typically rests on one of two bases:
- Ex officio grounds — conflict with an earlier registration or application, lack of distinctiveness, or descriptive or deceptive character, among the absolute grounds for refusal under Iranian law.
- Opposition-based refusal — a third party has opposed the designation within the opposition window of 30 days from publication.
The notification states the ground, the citation if any, and the period for response. The response must be filed through an Iranian agent — the holder cannot act directly, and foreign counsel cannot appear before the office.
How we respond
Assessment and strategy
We review the refusal, the cited marks or the opposition, and the register, and give you a written view of the prospects with a fixed fee for the response — usually within 1–2 working days.
Power of attorney
You execute and legalise our POA; we send you the template and the legalisation steps. This runs in parallel — it never delays the deadline work.
Response or counter-statement
We file the substantive response — arguments against the ex officio grounds, or the counter-statement in an opposition — with supporting evidence such as registrations abroad, use and reputation material, or consent documents where available.
Appeal
If the office maintains the refusal, the matter is referred to the IP Registration Dispute Resolution Board (the Appeal Board). We advise on the merits before you spend on an appeal.
What we need from you
Costs
We work on fixed fees, quoted after the assessment in step one. Your estimate itemises every component — official fees, translation and legalisation, and our professional fee — so the full cost of the response is known before you instruct us. There are no undisclosed charges, and the assessment itself is free.
Payment from abroad is workable and routine; we set out the mechanics when we send you the power of attorney.
Common questions
Can the deadline be extended?
Yes — the response deadline can be extended once, by a further 60 days.
What happens if we do nothing?
The provisional refusal becomes final for Iran and the designation lapses there. The international registration itself is unaffected in the other designated countries.
Can we negotiate with the opponent instead?
Often, yes — withdrawal agreements are common where the conflict is narrow. We advise on whether negotiation or a contested defence better fits the mark and the market.
Is a refusal in Iran a sign the mark is unregistrable there?
No. Provisional refusals are routine under Madrid — many are overcome on response, particularly citation-based refusals where the earlier mark is vulnerable to non-use cancellation.
Send us the refusal notice — we reply with a view and a fixed fee.
Free assessment
Email the WIPO notification and we respond within 1–2 working days with prospects and a fixed quote.
Request an estimatePOA template
Ask us for the POA and step-by-step legalisation instructions, ready for execution.
Request the templateReady to proceed
Instruct HENGAM directly and we docket the deadline the same day.
Instruct HENGAM