A promise to ensure successful trademark registration is a highly misleading deception. Objectively speaking, there are many uncertain factors in the review process of trademark registration applications. The first is the phenomenon of blind spots in the flow of various review procedures; the second is the phenomenon of differences in subjective judgments of Trademark Office examiners during active review; the third is the phenomenon of trademark registration. Even if it passes active review, other prior rights and interests can also restrict the registration of the trademark during the passive review of the announcement procedure; finally, the trademark office’s review policy has been adjusted as the external environment changes, and trademarks that could have been registered a few years ago The trademark does not mean that it can be registered now. etc. To sum it up, it is inevitable that there are risks in trademark registration, but the risks vary. The Trademark Office conducts trademark registration examinations with more than a hundred examiners, distributed in five examination offices. Each examination office has a corresponding examination category. Each trademark registration application is randomly assigned according to the examination process. Trademark It takes at least one year after the registration application is accepted to be sent to the examiner. The examination of each trademark must go through multiple work links of each examination office for review and review. Moreover, the Trademark Office also adjusts and changes examiners from time to time. It is impossible to determine in advance which examiner a certain trademark will be assigned to for examination. Therefore, controlling review outcomes is no easy task. In fact, the promise of "guaranteed success" is not that these agencies really have the professional ability to solve the problem, but it is 100% lying. One kind of liar is to deceive people into getting money and then leave the property empty-handed. Of course, they dare to make any promises. Another type of lie is to cover up the truth of the fraud by presupposing some covert means to avoid one's legal liability. This method is to attach many restrictions to the promise of "guaranteed success, refund if unsuccessful", and this restriction will not be stated in advance, but will be stated after you have taken the bait. These restrictions include: 1. " Only those who meet the conditions will be guaranteed to be successful. 2. Only those who registered under our planning will be successful. 3. Only those whose application projects are rejected will be refunded. 4. If it is unsuccessful, only a partial refund will be made. etc. Obviously, the true meaning of these additional conditions is that: 1. Only those that "meet the conditions of minimal risk" will be committed, while trademarks with extremely high risk of registration will never be committed; 2. They must be "planned by us". Only if the trademark pattern is modified to the least risky trademark pattern can the commitment be made. If the applicant does not agree, the commitment will not be made; 3. As long as one project is approved for registration, it will be considered successful. Therefore, the agency will definitely choose some extremely partial projects as risk foreshadowing without the applicant's knowledge. Even if all other major projects are rejected, as long as one project is approved, it will be considered successful and no refund will be given. If the applicant If you don't agree, you will never make a commitment. 4. Even if a refund is given, the full amount will not be refunded. At least the official fees collected by the Trademark Office will not be refunded, and only part of the agency fees will be refunded, otherwise you will lose money. Therefore, the promise of "guaranteed success" is actually just a plan to escape from the golden cicada's shell. The cycle of trademark registration applications is determined by the basic procedures for trademark examination in my country, the number of trademark applications, and the deployment of examiners. It cannot be changed without authorization according to the wishes of some people (including officials from the Trademark Office). Except for some extremely special circumstances, the review cycle of trademark applications handled by different agencies generally only differs by a few months at the Trademark Office. However, what really causes the big difference is the time it takes for these agencies to send the documents. In order to save mailing costs, many agencies often only send documents to the Trademark Office once a week or a month. Some agencies also resort to deliberately detaining application documents due to lack of funds, and use the client's application fees to cover company expenses. As far as the current situation is concerned, the issuance time of a trademark registration application acceptance notice of several months and the basic review cycle of 2 to 3 years (depending on different application categories) cannot be changed. This does not include possible corrections and rejections. , objections and other factors.
Therefore, it is actually impossible to publicize the trademark registration certificate in less than the above time. There are only two situations: 1. Defraud the customer's money first, and then shirk all the responsibilities that are impossible to achieve. To the Trademark Office, customers who don’t know the truth are helpless in the end; 2 is a real scammer who forges a fake acceptance notice and trademark registration certificate in a very short period of time to deceive customers, and then flees with the money. Such fraud cases are There have been many incidents in many places. For quite some time in the past, a considerable number of trademark agencies have often used the trademark "Registration Application Acceptance Notice" issued by the Trademark Office to intentionally carry out trademark registration in various ways that obscure concepts or conceal the truth. Misleading, causing the applicant to mistakenly believe that receiving the trademark "Registration Application Acceptance Notice" issued by the Trademark Office is equivalent to obtaining the exclusive right to trademark. In fact, the "Registration Application Acceptance Notice" is only a required procedure in a trademark registration application, indicating that the applicant's application qualifications and application documents meet the basic requirements for trademark registration applications, and that the trademark registration application has been accepted by the Trademark Office. , and the trademark application number is used to facilitate understanding the review status of the trademark. Obtaining the acceptance notice has nothing to do with whether the trademark can be approved during the actual examination. Whether the trademark is approved for registration should be based on the Trademark Announcement. Because this kind of situation was very common in the past, it caused many adverse effects. In order to safeguard the legitimate rights and interests of the public and avoid adverse effects caused by misidentification, the Trademark Office of the State Administration for Industry and Commerce has added explanatory clauses to all "Registration Application Acceptance Notices" issued by it since September 4, 2006. : “This notice only indicates that the Trademark Office has received the applicant’s trademark application, and does not indicate that the applied trademark has been approved for registration.” This fundamentally solves the long-standing problem. However, some trademark agencies still use their own "Registration Application Acceptance Notice" to replace the Trademark Office's acceptance notice in an attempt to conceal the truth and mislead applicants. In order to compete for business, many trademark agencies often adopt a "low-price policy" as a sign to attract applicants. There are also many applicants who habitually bargain and use price as the only means of selecting a trademark agency. You should know that the trademark application fee charged by any trademark agency consists of two parts. The first part is the fee charged by the trademark agency entrusted by the State Trademark Office, which is called "official fee"; the second part is the agency service fee charged by the trademark agency, which is called "agency fee". "Official fees" are national statutory fees that need to be charged by the national trademark authority to undertake corresponding trademark examination work. If the official fees are not paid, the National Trademark Office will not accept the corresponding trademark application, and regardless of the result of the trademark examination, None of the official fees will be refunded and will be turned over to the state treasury. "Agency fees" include the basic expenses and commercial profits of a trademark agency to maintain the normal operation of the enterprise. There are no specific regulations on "agency fees" in countries and industries. Instead, agencies set and charge them according to corporate costs and market rules. Obviously, the only part of the trademark application fee that can fluctuate up and down is the "agency fee", and these fees also include the basic operating costs of the enterprise, such as personnel wages, rent, taxes, etc. Therefore, the agency fee for a single trademark registration application is generally lower than It is difficult to survive on 1,400 yuan. Some agency companies adopt a low-price policy precisely because they do not have high-quality, high-level professional trademark agents. Therefore, in the industry competition, they can only adopt a "low-price" strategy with the absolute premise of losing service quality to maintain their survival. Such a low-cost service only delivers relevant application documents to the Trademark Office for customers, and everything else is left to fate. In fact, this type of trademark agency is equivalent to a "trademark mailing company." Trademark agency is a service and an intangible intellectual labor. The quality of its service is reflected in the final intellectual result of the service. Everything a high-quality agent does and every word they say is a piece of good advice that can add to wealth and is the crystallization of intelligent labor.
The "low price" trap is a common tactic used by these agencies to gain business volume with simple services. The client did save several hundred yuan at that time, but the application fee of more than 1,000 yuan was as likely to be lost as buying a lottery ticket. In order to keep the trademark, the client must continue to pay for the low-level mistakes in the early stage or give up. In the end, the loss of the client’s trademark interests caused by such casual and simple services may not be calculated in terms of money. In the advertisements of some trademark agencies, we often see slogans claiming “trademark registration agency services are ‘all-inclusive’”. In fact, this is also one of the common fraud tactics used to steal concepts. "All inclusive"? What exactly is "included"? In fact, for this kind of trademark agency, you only need to make a phone call to ask about the contents of the "all-inclusive" package, because in fact, nothing is included! Registration fee included? The application fee paid when applying for trademark registration actually includes all the basic registration procedures for a trademark from submission of registration application → formal review (including supplements and corrections) → substantive review (including supplements and corrections) → preliminary approval announcement → registration announcement → issuance of trademark registration certificate cost. As long as the applied trademark does not enter the rejection review process due to rejection or does not enter the opposition process due to opposition, you do not need to pay any additional fees until you receive the trademark registration certificate and use it for 10 years. Therefore, the basic fee charged by the state for trademark registration application is a one-time fee and does not need to be paid at all. Includes all costs of the registration process? Once a trademark is rejected during examination and enters the rejection review process, or enters the opposition process due to opposition during the preliminary announcement, not only the difficulty and professional requirements of the trademark rejection review and opposition/opposition review procedures are much higher than those for registration applications, The processing period is longer than that of a registration application, and its agency services are also much higher than the registration application fee. At the same time, the rejection review and objection/objection review procedures can also be extended to the secondary judicial proceedings of the Beijing Intermediate People’s Court and the Beijing High People’s Court. Which company dares to "all-inclusive" all such procedures? Even if we want to cover it, who can do it if it doesn’t cost tens of thousands, hundreds of thousands or even more! Trademark registration