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Is a failure the same thing as a determination?

No, a failure means that the process becomes paralysed, with the establishment of deadlines for the applicant to respond.

In a determination, the SPTO takes a final decision within a procedure. This decision may be: to grant a Trademark or Patent, deny a Design, etc. You can file an appeal for any decision taken by the Office in the period of one month following publication of the determination in the Spanish Official Industrial Property Gazette, the B.O.P.I. (Boletín Oficial de la Propiedad Industrial).

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