If the trademark registration is not successful, will it cost more than 1,000 yuan in vain?

Yes, there is a risk in registering a trademark, generally speaking, you should first inquire about applying for a trademark to see if anyone has registered on the same type of product first, and then provide some information (a copy of the company's business license, trademark name, trademark design, personal identity certificate, etc.), it is best to hand it over to the local intellectual property ** agency, the trademark registration fee is: 800 yuan for online newspapers, 1000 yuan for paper newspapers, are applied for within ten projects, and each project outside the ten projects should be charged 100 yuan,** The cost is between 600 and 800 yuan, it should be noted that you can't be cheap, it depends on whether someone has registered first, otherwise once it is reported, others have registered first, you can't register, and the money can't be returned, and it's not that others say that you should be unified to the Beijing Trademark Office to handle it, and you can get the acceptance notice within about a month after reporting, and you can get the certificate in about 18 months.

You are looking for a trademark ** intermediary, the trademark office's fee is 1,000, and the part of more than 1,000 is ** agency to earn your money, you don't apply for ** naturally will not refund, it depends on how you agree with the trademark ** agency in advance, if he says that he can't apply for a refund, then you can find him to refund, so it is very important to find a professional intermediary agency for trademark registration, and the professional trademark ** will conduct a search and make an assessment of the trademark you want to register in advance. To give you a pertinent suggestion, but the trademark has a blind period of several months, which is unpredictable, for example: there is a trademark application with the same as you on the day before you file a trademark application, then your trademark cannot be applied for, and whoever registers the Chinese trademark first has the right to use it. A good trademark will not make you lose time and money.

You can search: Chengdu Offshore Weiye ** registered Chinese trademark, the trademark teacher inside is more professional, can provide free trademark inquiry.

Yes, there are risks associated with registering a trademark, and the fees charged by the Trademark Office for inquiry and examination will not be refunded.

After the registered trademark is rejected, is the money spent in vain? Before registering a trademark, you must have an understanding of the trademark, and there is no 100% success rate for trademark registration, so you must be mentally prepared. So when the registered trademark is rejected, is the money really wasted?

Let's take a look.

After the registered trademark is rejected, is the money spent in vain?

Not necessarily, when a registered trademark is rejected, a second request can be filed by way of rejection review, requesting the examiner to re-examine. When registering a trademark, the large number of applications dazzles the trademark examiner, so when examining the trademark of Li Li, there are sometimes certain errors in the examination of the result. After passing the second examination, the examiner can be allowed to re-examine the examination according to the reason for the reexamination.

The cost of registering a trademark: 1. Trademark design fee: To entrust a professional designer to design a trademark, you must spend a certain amount of money.

If you have designed the trademark or the design of the trademark entrustment structure within the entrustment fee, then the source judgment does not need to spend any more money on the trademark design fee. 2. Fees of the Trademark Office: At present, China's trademarks are divided into 45 categories, and different categories contain different products or services.

Trademark Office Fee: 600 RMB for 1 category. (Note:.)

This is only the charging standard of the State Trademark Office, and we entrust the trademark ** company to add their own service fee). 3. Fees charged by trademark agencies: The fees charged by trademark agencies are based on the official fees of the Trademark Office, plus some service fees, and the fees charged by different institutions are different, because the service fees are determined by the trademark agencies themselves.

Trademark Law of the People's Republic of China

Article 22.

The applicant for trademark registration shall fill in the class of goods and the name of the goods using the trademark in accordance with the prescribed commodity classification table, and submit an application for registration.

Trademark Law of the People's Republic of China

Article 33.

Within three months from the date of publication, the prior right holder or interested party may file an objection with the Trademark Office if it believes that it violates the provisions of Paragraphs 2 and 3 of Article 13, Paragraphs 2 and 3 of Article 15, Article 16, Paragraph 1, Article 30, Article 31 and Article 32 of this Law, or any person who believes that it violates the provisions of Articles 4, 10, 11, 12 or 19, Paragraph 4 of this Law. If there is no objection at the expiration of the announcement period, the registration shall be approved, the trademark registration certificate shall be issued, and the announcement shall be made.

Trademark Law of the People's Republic of China

Article 72.

Those who apply for trademark registration and handle other trademark matters shall pay a fee, and the specific fee standard shall be determined separately.

Trademark Law of the People's Republic of China

Article 22.

The applicant for trademark registration shall fill in the class of goods and the name of the goods using the trademark in accordance with the prescribed commodity classification table, and submit an application for registration.

Trademark Law of the People's Republic of China

Article 33.

Within three months from the date of publication, the prior right holder or interested party may file an objection with the Trademark Office if it believes that it violates the provisions of Paragraphs 2 and 3 of Article 13, Paragraphs 2 and 3 of Article 15, Paragraph 1 of Article 16, Article 30, Article 31 and Paragraph 4 of Article 19 of this Law, or any person who believes that it violates the provisions of Article 4, Article 10, Article 11, Article 12 and Paragraph 4 of Article 19 of this Law. If there is no objection at the expiration of the announcement period, the registration shall be approved, the trademark registration certificate shall be issued, and the announcement shall be made.

Trademark Law of the People's Republic of China

Article 72.

Those who apply for trademark registration and handle other trademark matters shall pay a fee, and the specific fee standard shall be determined separately.

First of all, let's understand what are the factors that determine the success of trademark registration?

Whether it can be successful in the end is not subject to the query results of ** institutions, and the results cannot be obtained directly from the official website of the Trademark Office for trademark registration inquiry! **The role of the agency is to search before the trademark application, predict the risk, and adjust it in time. Trademark registration is not 100% successful, and there is a possibility of unsuccess due to differences in national policies and examiners' individual subjective consciousness.

1) The trademark name itself is not legal

There is a possibility that the trademark name itself violates the prohibition of registration under the Trademark Law.

The Trademark Law expressly stipulates some circumstances under which it cannot be registered, such as Articles 10, 11 and 12 of the Trademark Law, which clearly list the circumstances under which it may not be registered.

For example:

The writing is not standardized.

It directly indicates the function, use, and other characteristics of the product.

The use of trademarks is prone to adverse effects.

It is easy for relevant consumers to misidentify the raw materials and other characteristics of the goods.

The overall lack of distinctive features.

2) Blind period for trademark search

After filing an application for trademark registration, the staff of the Trademark Office will conduct a formal examination, and the eligible trademarks will be entered into the database. However, the number of trademarks applied for all over the country is huge, and it may be 1-2 months after the application is entered into the system for publicity. This period is called the blind check period.

The blind search period is like a fog, and I don't know how many trademarks that cannot be searched are piled up in it. Therefore, when you file your application, there may be a large number of trademarks with the same trademark as you have already entered the fog of blind search, and you have no way of knowing. In the end, only the trademark with the earliest application time can be entered into the system, and the rest will not pass the substantive examination.

3) The subjective factor of the auditor

In the case of a trademark search, the results of the search should be similarly compared with the applicant's trademark. In the process of comparison, the individual applicant, the trademark searcher of ** company, and the examiner of the trademark office all have a set of standards and opinions, so there is no absolute standard for the similarity of the two trademarks, only the judgment of probability. In particular, the similarity of figurative trademarks is more different in judgment.

It is up to the examiner to decide whether to issue a notice of refusal. Subjective factors such as differences in the examiner's information, cognition, and personal thinking determine that the same case will have different examination results.

4) After the preliminary examination is passed, the announcement period is objected

01 There is a blind period for trademark search.

Before applying for a trademark, many friends know that they need to do a good job of searching for whether the trademark they want to apply for is the same or similar to the trademark that has been successfully registered or is being registered by others. However, there is a blind period of 3-6 months for trademark search, and no one can search for trademarks that have not yet been issued a letter of acceptance for recent applications.

02 Examiner's subjective factors.

Everyone's judgment on the similarity of trademarks is different, and some trademarks we think are not similar, but the examiner of the Trademark Office considers them similar, resulting in the rejection of the trademark. Therefore, it is unavoidable that the examiner's subjective factors will lead to the failure of the trademark application.

03 The announcement period of the preliminary examination was objected to.

The publication period of the preliminary examination of the trademark is three months, during which anyone can raise an objection to the trademark, and the Trademark Office will notify the trademark applicant to reply to the opposition after receiving the objection raised by others, and then make a ruling on whether to approve it based on the comprehensive materials.

If I don't use the registered trademark, do I have to pay every year?

No, the official fee paid at the time of trademark registration is valid for 10 years after successful registration, and there is no official fee and annual fee within 10 years, and it can be renewed within 1 year before expiration, and it will continue to be valid for 10 years after successful renewal. The trademark user applies to the Trademark Office for registration of the trademark it uses in accordance with the statutory conditions and procedures, and after the Trademark Office examines and approves and registers the trademark, the trademark becomes a registered trademark. The trademark owner has the right to the registered trademark, including the exclusive right to use, the right to license, the right to transfer, etc.

At the same time, the trademark owner also has corresponding obligations. One of the main obligations of a trademark owner is to use a registered trademark. The trademark laws of some countries in the world stipulate that only a trademark that has been actually named and used can be registered, or the trademark must be used within a certain period of time after the approval of registration, otherwise the trademark right will be lost.

According to the provisions of Chinese law, once a trademark is approved for registration, the trademark owner has the obligation to use the trademark, and if the trademark is stopped for three consecutive years after registration, anyone can apply to the Trademark Office for cancellation of the registered trademark. Therefore, the trademark owner should pay attention to the obligation to use the trademark after registering the trademark. Article 44 of the Trademark Law of the People's Republic of China provides:

If a registered trademark is used in any of the following acts, the Trademark Office shall order it to correct or revoke the registered trademark within a time limit: imitation (1) changing the registered trademark on its own; (2) Changing the name, address or other registration matters of the registrant of the registered trademark on its own; (3) Transferring a registered trademark on its own; (4) Cessation of use for three consecutive years. To sum up, if you don't use a registered trademark, you don't need to pay every year, do you understand this?

Legal analysis: 600 yuan per general trademark (10-year validity period of draft, including 10-year fee, domestic companies or individuals, including 600 yuan for national fees); **1,600 yuan per piece of general trademark (10-year validity period, including 10-year fee, domestic companies or individuals, including 800 yuan for national fees); 3,000 yuan per collective trademark and certification mark (10-year validity period, including 10-year fee, foreign companies or individuals, including 3000 yuan for national fees).

Legal basis: Article 39 of the Trademark Law of the People's Republic of China The validity period of the registered trademark of Hu Jingming is ten years, calculated from the date of approval of registration.