Withdrawal of Industrial Property Registration Application for a Trademark: Is a Refund Possible?

Is the fee refundable when withdrawing an industrial property registration application for a trademark?

Section 2, Article 116 of the 2005 Intellectual Property Law stipulates:

From the time the applicant declares the withdrawal of the application, all subsequent procedures related to that application shall be terminated; fees and charges already paid related to procedures that have not yet commenced will be refunded at the request of the applicant.

Thus, whether the fees and charges are refunded upon the withdrawal of an application for industrial property rights registration concerning trademarks depends on whether the registration procedures have already commenced or not. Procedures that have not yet commenced will have their fees and charges refunded upon the applicant's request. (Note: If no request for a refund is made, the registration authority will naturally not issue a refund).

Sincerely!

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