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Can I get a refund if my trademark registration is unsuccessful?

If the trademark registration is unsuccessful, you can apply for a refund, but the specific refund needs to be implemented in accordance with the service agreement and relevant regulations of the trademark agency.

Under normal circumstances, after receiving a trademark registration application from a customer, a trademark agency will review and submit the application in accordance with the prescribed procedures. If the trademark registration is not successful due to unqualified trademark information provided by the customer or other reasons Failure, the customer can apply for a refund from the trademark agency.

It should be noted that the success of a trademark registration application is not entirely controlled by the trademark agency, but also needs to take into account the review results and decisions of the Trademark Office. Therefore, after receiving the customer's refund application, the trademark agency needs to analyze and judge the reasons why the trademark application failed. If the failure is caused by the trademark agency itself, the trademark agency should issue a refund in a timely manner. However, if the trademark registration failure is due to the customer's own reasons, the trademark agency can provide refund processing according to the relevant terms in the service agreement.

The solutions to unsuccessful trademark registration are as follows:

1. Modify the trademark name or design: If the trademark name or design is too similar to an existing trademark, you can consider modifying the trademark name or design Make modifications to avoid conflicts with existing trademarks, thereby improving the success rate of trademark registration;

2. Supplement or modify trademark application materials: Incomplete trademark application materials are also one of the common reasons for trademark registration failure. . In this case, the trademark application materials can be supplemented or modified according to the requirements of the Trademark Office to meet the requirements for trademark registration;

3. Reply to the examination opinion: The Trademark Office will review the trademark registration application. review and provide review opinions. If the trademark registration application is rejected, you can reply based on the review opinions to explain the particularity and difference of the trademark to improve the success rate of trademark registration;

4. Resubmit the trademark registration application: If the trademark registration application If it is rejected, you can make modifications based on the opinions put forward by the Trademark Office, and then resubmit the trademark registration application to improve the success rate of trademark registration.

In summary, before purchasing trademark registration services, you need to carefully read the trademark agency’s service agreement and understand the relevant refund policy. If the trademark registration fails, you can apply for a refund according to the procedures stipulated in the agreement.

Legal basis:

Article 28 of the Trademark Law of the People's Republic of China

For trademarks applied for registration, the Trademark Office shall automatically If the review is completed within nine months from the date of receipt of the trademark registration application documents, and if it complies with the relevant provisions of this Law, a preliminary review and announcement will be made.

Article 29

During the review process, if the Trademark Office believes that the content of the trademark registration application needs explanation or correction, it may require the applicant to make explanations or corrections. If the applicant fails to make explanations or corrections, it will not affect the Trademark Office’s examination decision.

Article 30

Any trademark applied for registration does not comply with the relevant provisions of this Law or is the same as a trademark that has been registered or preliminarily approved by others on the same or similar goods. or similar ones, the Trademark Office will reject the application and not publish it.