Now everyone knows the importance of trademarks, so many companies are keen to register trademarks. However, with more and more registrants, problems with similar or identical trademarks occur from time to time, which leads to The rejection rate of new trademarks is getting higher and higher. So is there any possibility of refund after the trademark is rejected? The following is the content compiled by the editor for everyone.

Is there any possibility of refund after the trademark is rejected?

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, there will be no refunds after the trademark is registered. 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 fail to obtain a trademark certificate in the end, it means that the trademark is invalid and any further use of it is not protected.

What are the reasons for unsuccessful trademark registration?

First, there is the risk of blind period in trademark search. If someone has registered 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 issued to the first applicant, the trademark applied later will be rejected. The application was made in person, resulting in subsequent unsuccessful trademark certification applications.

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 make a defense. If the evidence is sufficient, the Trademark Office can issue a trademark announcement. certification, otherwise the application will be rejected, resulting in unsuccessful 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’s discretion. Examiners’ judgments of similar trademarks are different. The knowledge structure and background of trademark examination staff are not unified. The examiners’ subjective analysis and judgment abilities are different. , the review results are completely different. The determination of new identical or similar trademarks ultimately depends on the review results of the Trademark Office.

The above is the "Is there a possibility of refund after the trademark is rejected" compiled by the editor for everyone. The trademark registration fee mainly includes two parts: the regulatory fee collected by the State Trademark Office and the agency fee collected by the agency. The fees collected by the State Trademark Office are administrative charges, and administrative charges are non-refundable. Furthermore, the Trademark Office also wants to prevent applicants from randomly registering trademarks and disrupting the market. If they are unsuccessful and can get a refund, the applicant will have nothing to worry about, which will also greatly increase the examination workload of the Trademark Office.