Is there a refund if the trademark registration is unsuccessful?

Regarding registered trademarks, most of us know that there is no refund if the trademark registration is unsuccessful. But what I want to tell you today is, what is the reason for the unsuccessful trademark registration? This is a question that many people will ask. , the editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

Refund if the trademark registration is unsuccessful

No refunds will be issued. No one can guarantee that trademark registration will be 100% successful. There are objective reasons and subjective reasons. If the trademark registration is unsuccessful, the Trademark Office will not refund the money. If your trademark application is rejected by the Trademark Office, you can consider a review. If the review is successful, you can also get a trademark certificate. If you cannot get a trademark certificate in the end, it means that the trademark is invalid and any further use of it will not be protected.

What are the reasons for unsuccessful trademark registration

First, there is the risk of blind spots in trademark search. If someone registers the same trademark one month earlier than you, it cannot be found. Both parties can use it before the trademark certificate is issued. After the trademark certificate is granted to the first applicant, the trademark application applied later will be rejected, resulting in the subsequent trademark application being unsuccessful in obtaining the trademark certificate.

Second, there is the risk of trademark opposition. After the trademark application is accepted, a trademark announcement will be issued. The announcement period is three months. During this period, anyone who feels that your trademark is similar to others can file an objection. After the applicant receives the objection letter, he or she can respond.If the evidence is sufficient, the Trademark Office can issue a trademark certificate. Otherwise, the application will be rejected, resulting in failure in trademark certification.

Third, there is the risk of trademark squatting. Preemptive registration of famous trademarks, well-known trademarks, and world brands will also risk the Trademark Office rejecting the application, resulting in unsuccessful trademark certification.

Fourth is the risk of trademark examiner discretion. Examiners have different judgments on similar trademarks. The knowledge structure and background of trademark examination staff are not uniform. The subjective analysis and judgment abilities of examiners are different, and their examination results are completely different. The judgment of identical and similar trademarks ultimately depends on The review results of the Trademark Office.

It is important to understand that the trademark registration fee mainly includes the National Trademark Office There are two parts: the regulatory fee collected and the agency fee collected by the agency. The fees charged by the National Trademark Office are administrative fees, and administrative fees cannot be refunded. Furthermore, the Trademark Office also prevents applicants from randomly registering trademarks. If the registration is unsuccessful, If a refund is available, the applicant will have no worries. This will increase the examination workload of the Trademark Office and disrupt the normal order.

If your situation is more complicated, Legal Savior Network Lawyer online consultation services are also provided, and you are welcome to make legal consultations.