With the development of economy and society and the deepening of intellectual property awareness, enterprises are paying more and more attention to trademark registration. As we all know, business activities are valuable and risky, and trademark registration is no exception. So many friends are wondering: Will the money be refunded if the trademark is rejected?
Nowadays, the number of trademark applications in our country exceeds tens of millions every year, and trademark registration is becoming more and more difficult. As we all know, there are two ways to apply for trademark registration. One is the applicant. Go to the lobby of the Trademark Office to handle the matter yourself; second, entrust a nationally recognized trademark agency to act as your agent. These two ways of applying for a trademark are non-refundable if they are rejected, because the National Office needs to go through many review procedures and links from acceptance to review, whether it is approved or rejected. The same is true for a trademark agency. You have to complete application preparation materials, etc. So if the trademark is rejected, will you get a refund? The answer is no retreat.
So if an agency automatically comes to your door and says it can guarantee 100% successful registration, it is completely untrustworthy. So why is there a risk in trademark registration that cannot be avoided?
We can analyze this problem from two aspects:
1. Objective aspect
1. Trademark information is incomplete and lagging
There is a blank period in trademark search. After the applicant submits a trademark registration application to the Trademark Office, the Trademark Office takes about 3-4 months to scan, enter, and divide each trademark registration application document. Graphic elements, classification of trademark cards, classification of goods and services, financial reconciliation and other work can only be done after the information is queried on the National Trademark Network.
Therefore, errors in trademark judgment may occur in some cases. Even within the Trademark Office, examiners cannot avoid misjudgments caused by the lag and incompleteness of information in their work.
2. The information during the review has limitations
The information the Trademark Office relies on during the review process is the trademark registration and application information it has accumulated over the years. Other place names above the county level, certain industries, product information, etc. need to be collected and organized gradually by the Trademark Office itself. The Trademark Office will not pay attention to the information on patent registration and copyright registration. Only the rights holder himself will protect his rights and interests through the opposition procedure after discovering it during the three-month passive review during the preliminary trademark announcement period.
Therefore, the information sources used by the Trademark Office to carry out administrative proactive examination are also limited.
2. Subjective aspects
The review of each trademark registration application is completed independently by each examiner. Because different examiners have different professional scope, knowledge and work experience, There are actually certain differences in aspects such as trademark, sense of responsibility, etc., so they sometimes have different understandings of the same trademark, and the results they give are also very different.
To sum up, it is sheer nonsense to say that trademark registration guarantees 100% guarantee. I would like to remind everyone not to be deceived by such overstatements and to keep a clear mind when choosing a trademark agency. Otherwise, you may end up wasting both money and time, which is not worth the gain.