Article 33

1. The notification of an ex officio provisional refusal of protection of the international registration in whole or in part to be issued to the International Bureau pursuant to Article 193(2) and (5) of Regulation (EU) 2017/1001 shall, without prejudice to the requirements laid down in Article 193(3) and (4) of that Regulation, contain the following:
(a) the number of the international registration;
(b) a reference to the provisions of Regulation (EU) 2017/1001 which are relevant for the provisional refusal;
(c) an indication that the provisional refusal of protection will be confirmed by a decision of the Office if the holder of the international registration does not overcome the grounds for refusal by submitting observations to the Office within a time limit of two months of the date on which the Offices issues the provisional refusal;
(d) where the provisional refusal relates to only part of the goods or services, an indication of those goods or services.
2. In respect of each notification of an ex officio provisional refusal to the International Bureau, and provided that the time limit for entering an opposition has expired and that no notification of provisional refusal based on an opposition has been issued pursuant to Article 78(1) of Delegated Regulation (EU) 2018/625, the Office shall inform the International Bureau of the following:
(a) where as a result of the proceedings before the Office the provisional refusal has been withdrawn, the fact that the mark is protected in the Union;
(b) where a decision to refuse protection of the mark has become final, if applicable, following an appeal under Article 66 of Regulation (EU) 2017/1001 or an action under Article 72 of Regulation (EU) 2017/1001, the fact that protection of the mark is refused in the Union;
(c) where the refusal pursuant to point (b) concerns only part of the goods or services, the goods or services for which the mark is protected in the Union.