Will there be any fees if the trademark registration is unsuccessful?

Regarding the subsequent payment of fees involved in specific matters, whether your Trademark registration is successful or not will not affect the relevant fee burden you need to bear. Here we explain to you the specifics of this in detail. First of all, the so-called "official fee" refers to the statutory handling fee that must be paid in full to the relevant department when you submit a trademark registration application directly to the State Intellectual Property Office. Next, the editor of Legal Savior Network has compiled some relevant knowledge for your reference. Let’s take a look at the content.

1. Will there be any fees if the trademark registration is unsuccessful?

According to the information we have It shows that whether the trademark registration application is successful or not has nothing to do with the payment of fees. However, we further elaborate on this as follows: First of all, regarding the official fees, you need to pay this fee when you apply for trademark registration directly to the local national intellectual property office.

Please note that even if the later trademark registration is not approved, the fees charged for this part often cannot be fully refunded;

Secondly, as for the agency service fee, if you choose to entrust a trademark agency structure to complete the registration matters on your behalf, whether the agency service fee can be refunded at this time depends on the internal policies of the agency. Some agencies Agencies may implement a refund mechanism, but this situation is not universal and is significantly different from the official way of handling expenses. The decision-making power of whether to refund or not is often in the hands of the agency.

"Trademark Law of the People's Republic of China"

Article 22Applicants for trademark registration shall fill in the product category and product name of the trademark in accordance with the prescribed product classification table, and submit an application for registration.

Article 28For trademarks applied for registration, the Trademark Office shall collect the If the review is completed within nine months from the date of the trademark registration application document and it complies with the relevant provisions of this Law, a preliminary review and announcement will be made.

Article 33For a trademark that has been initially approved and announced, within three months from the date of announcement, the prior right holder or interested party believes that it violates paragraphs 2 and 3 of Article 13 of this Law. Article 15, Paragraph 1 of Article 16, Article 30, Article 31, and Article 32, or any person believes that Article 4, Article 10, or Article 32 of this Law has been violated. Article 11, Article 12, and Article 19

As provided in paragraph 4, objections may be filed with the Trademark Office. If there is no objection at the expiration of the announcement period, the registration will be approved, a trademark registration certificate will be issued, and the announcement will be made.

2. Can the category be expanded after the trademark is registered?

After successfully obtaining trademark registration, the category directory will no longer be expanded.

During the trademark registration process, each applicant must assign a complete and unique trademark classification area to which each submitted trademark belongs. The destination of the trademark requires strict restrictions on the category of the trademark and more detailed product names, service terms and other elements. Only in this way can the actual scope of application of the trademark and the geographical scope of legal protection it should receive be accurately defined.

Therefore, under no circumstances can a trademark with multiple classification identities be set up when registering a trademark.

If the applicant intends to expand the use coverage of the trademark to more categories during the negotiation stage of registered trademarks, the applicant can only apply for a registered trademark strategy of multiple categories and levels. To achieve this goal, once all registration procedures are completed, the applicant will have the right to obtain multiple registered trademarks belonging to different categories.