EUIPO Notice of Absence of Formal Requirements: Missing Representative
Have you received a letter from the EUIPO saying that no representative has been appointed for your EU trademark application?
If your letter is headed “Notice of absence of formal requirements” and identifies a missing representative, you need to address that formal objection within the applicable deadline. The notice itself is not a final refusal of your application.
KUDLA LEGAL can assist with appointment as your representative before the EUIPO.
Contact usDoes your EUIPO notice contain this wording?
The following short excerpts identify the type of notice discussed on this page:
Notice of absence of formal requirements
(Article 41 EUTMR)
“No representative has been appointed.”
Illustrative excerpts only, not a complete notice. Check your own communication for all objections and the applicable deadline.
A notice with this heading can concern several different formal requirements. This page addresses the specific objection that a required representative has not been appointed.
Why has the EUIPO asked you to appoint a representative?
Applicants with neither a domicile, a principal place of business nor a real and effective industrial or commercial establishment in the European Economic Area (EEA) generally need qualifying representation after filing an EU trademark application.
Filing the application itself is exempt. This explains why you may have been able to submit your application personally but subsequently received a request to appoint a representative.
Articles 119 and 120 EUTMR govern the requirement and who may act. A specific employee-representation exception may apply to economically connected companies.
What is the deadline?
Article 41(2) EUTMR provides two months from receipt of the notification to remedy the deficiency. Check the notification and the applicable rules for calculating the precise deadline.
If the missing-representative deficiency is not remedied within the prescribed period, the application will be refused.
Send the complete notice when requesting assistance. If the deadline is close or has already passed, flag this clearly in your enquiry.
How can KUDLA LEGAL help?
We review the supplied notice and information for the proposed takeover, check the deadline and confirm whether we can accept the engagement.
Once instructed and after accepting the engagement, we file the appointment with the EUIPO and check that we have been recorded as representative.
Appointment addresses the missing-representative objection. If the notice raises additional issues, those may require a separate response. Appointment does not guarantee registration of the trademark.
What should you send us?
Please provide:
- The complete EUIPO notice, including any attachments.
- Your EU trademark application number.
- The applicant’s name and contact details.
- The deadline shown in the notice.
- Whether you are contacting us as the applicant or on behalf of the applicant.
If you are acting for the applicant, please also provide your firm’s reference and confirm your authority to instruct us.
Sending an enquiry does not by itself establish an engagement or transfer responsibility for deadlines. We will expressly confirm acceptance.
Contact usFrequently asked questions
Has the EUIPO already rejected my trademark?
A notice identifying a missing representative gives you an opportunity to remedy that formal deficiency. It is distinct from a final decision refusing the application.
Is appointing a representative enough?
It addresses the missing-representative objection. Read the entire notice: any other objections must also be considered and, where necessary, answered.
Do I need to file a new trademark application?
Receiving this notice does not itself require a new application. The immediate task is to address the deficiency in the existing application within the deadline.
What if the deadline has already passed?
Send us the notice and any subsequent EUIPO decision promptly. The procedural position and any available options require an individual assessment.
Does this page also cover international registrations designating the EU?
This page concerns EU trademark applications filed directly with the EUIPO. International registrations designating the EU follow a different procedural route and may receive a notification of provisional refusal.
Read about EUIPO representation for international registrations