What happens if the trademark application is refused?

First, it is very important to note that the registration of a trademark is not automatic. Every country has trademark laws specifying certain requirements. After filing the trademark application to the trademark office, the office will examine both your application and the trademark.

Your trademark will only be registered if neither the trademark office nor third parties have any objections, or if those objections are successfully overcome.

For this reason, whom you are hiring as your attorney really matters. So far, I have a 100% success rate, because I only file applications after conducting a thorough trademark search. Furthermore, I always inform my clients if I feel some risks are involved in the process.

However, I absolutely understand if you want to know what happens if your trademark application is refused. Well, the good news is that your application cannot be simply refused. The trademark office is obliged to notify us of any issues. If there are any problems with your trademark, the office will send you a notification that attorneys often call "office action". We then have the possibility to discuss the problems with the trademark examiner. Usually, we can overcome all of the objections at this step, allowing your trademark to be registered.

Should your trademark not get registered, you will not be reimbursed the filing fees, but I can help you come up with a slightly different brand name and then assist you with filing a new application for a reduced service fee. 

As you can see, the registration of your trademark depends on the trademark office and also on third parties’ oppositions. So, no trademark attorney can offer 100% guarantee that your trademark will be registered.

Fortunately, trademark applications cannot get refused without first having the option to communicate with the trademark office.

Furthermore, working with an experienced attorney decreases the chances of a refusal to almost zero. I am really proud of my workflow that made it possible for all my clients so far to obtain a registered trademark.

You cannot become successful without people copying you. Think ahead and secure your trademark now!