Do you get your money back if your trademark is denied?
Asked by: Bernadine Corwin Sr. | Last update: March 30, 2026Score: 4.7/5 (69 votes)
No, you generally do not get your money back if your trademark application is denied by the USPTO or other trademark offices, as the fees cover the costs of reviewing and processing your application, regardless of the outcome. Fees paid to the USPTO are usually non-refundable, even if you withdraw the application or it's refused registration.
What happens if my trademark is denied?
If a trademark application has been rejected, applicants have the final option of submitting an appeal with the United States Court of Appeals for the Federal Circuit. With this appeal, the court will have to review the USPTO's and TTAB's decisions before making their own decision on whether either party made an error.
Can I get a refund on a trademark?
In general, once the fee is paid for trademark registration, it is non-refundable. This means that if your trademark application is ultimately rejected, abandoned, withdrawn, or deemed ineligible for registration, you typically will not receive a refund for the fee already paid.
Can you get a refund on a trademark application?
Patent and trademark fees that have been paid generally cannot be refunded, and the payment method that was used cannot be changed afterwards.
How long does a trademark appeal take?
How long does an appeal take? A. The average appeal takes approximately 15 months.
Can A Rejected Trademark Application Still Be Registered? - Trademark and Patent Law Experts
How often do trademarks get rejected?
According to the United States Patent and Trademark Office (USPTO), most applications for trademarks are successful. However, around 1-in-5 trademark applications get rejected annually. For those who spend significant time and resources applying for a trademark, that rejection ratio may seem shocking.
Is it better to trademark or LLC?
An LLC (Limited Liability Company) creates a legal business structure that separates personal and business assets for liability protection, while a trademark protects your brand identity (name, logo, slogan) to prevent consumer confusion, with an LLC being the foundation and a trademark securing your brand's unique identifiers, serving different but complementary roles in business formation and protection. You usually form the LLC first as the legal entity and then register a trademark to protect your specific brand name and logo used within that business.
How much does a trademark opposition cost?
Mid-Range Trademark Opposition Costs: $15,000 – $45,000. Sometimes both parties are unwilling to compromise. In that case, you should expect that the trademark opposition proceeding will advance beyond the initial stage to the discovery phase.
Is $400 an hour a lot for a lawyer?
Yes, $400 an hour is a significant rate for a lawyer, often reflecting experience, specialization, and location, falling at the higher end of average rates ($100-$400+) but can be standard or even considered a "deal" for highly specialized work in major cities, while being quite expensive in other areas or for less complex cases. Factors like the firm's size, location (big city vs. rural), the lawyer's expertise (e.g., corporate, IP vs. family law), and case complexity greatly influence this rate.
Is trademark fee refundable?
No. Trademark authorities do not refund fees if they reject a trademark registration application. The cost of our Registration Request includes the official fees to submit the application to the local Trademark Office as well as the legal fees for reviewing, preparing and following up on your application.
Is there a yearly fee for a trademark?
Your trademark protection lasts for a good 10 years. But you have to pay renewal fees at certain intervals to keep the trademark alive. Between the fifth and sixth year of your trademark registration, these are the forms and fees you need to complete and pay for: Section 9 renewal fee.
What happens if I make a trademark and never use it?
Under both federal law and in New York courts, a trademark is presumed abandoned after three consecutive years of non-use. That signals the mark no longer identifies your business. If you stop using it, others can step in, register it, and use it. Your legal protection disappears.
Is it worth filing a trademark?
Yes, trademarking is generally worth it as a crucial investment for brand protection, adding significant business value, preventing costly rebranding later, and securing nationwide rights, even if initial costs seem high compared to the potential expense and risk of not having protection, especially as a business grows. It acts as an "insurance policy" for your brand identity, giving you exclusive rights and legal leverage against copycats.
What is the most common reason a trademark might be rejected?
If your trademark is confusingly similar to another trademark and the goods and services are related, consumers are likely to mistakenly believe these goods or services come from the same source. This is known as a likelihood of confusion, and it's the most common reason for refusing registration.
Can you lose a trademark if you don't enforce it?
You did the work, filed the paperwork, and finally got the green light from the U.S. Patent and Trademark Office. But what happens next matters even more. If you don't defend that trademark, you could slowly lose the legal protection you worked so hard to secure.
How do you appeal a trademark refusal?
Filing an appeal with the United States Court of Appeals for the Federal Circuit is the final option after a trademark application is rejected. This appeals court will examine decisions made by both the USPTO and the TTAB and determine whether either party made an error.
Do lawyers make $500,000 a year?
Yes, many lawyers earn $500,000 or more annually, especially Big Law partners, senior corporate counsel, specialized litigators, and successful solo practitioners in high-value fields like IP or medical malpractice, though this is not the norm for all attorneys, with median salaries being much lower. Reaching this income level requires specialization, strategic business growth, marketing, and often working in major markets, with top-tier law firms (Big Law) offering high starting salaries and significant bonuses that can push senior associates past the $500K mark.
Is Kim Kardashian a lawyer or attorney?
No, Kim Kardashian is not yet a lawyer or attorney; she is still working towards passing the California Bar Exam, having recently failed it again in late 2025, despite completing her legal studies through an apprenticeship program and passing the \"baby bar\" in 2021. She consistently expresses her commitment to becoming a licensed attorney, viewing her setbacks as motivation to keep studying for the full bar exam.
How much of a 25k settlement will I get?
From a $25,000 settlement, you'll likely receive around $8,000 to $12,000, but it varies greatly; expect deductions for attorney fees (typically 33-40%), medical bills, and case costs (filing fees, records), with higher medical liens or more complex cases reducing your net payout more significantly. A typical breakdown might see about $8,300 for the lawyer, $7,000 for medicals, $1,000 in costs, leaving roughly $8,700 for you, though your actual amount depends on your specific case details.
How common are trademark lawsuits?
How Many Trademark Infringement Lawsuits Were Filed in 2020? In 2020, there were 11,941 trademark infringement lawsuits filed in the United States. This figure illustrates the significant number of disputes that reach the litigation stage, emphasizing the aggressive stance businesses take to protect their trademarks.
How to win a trademark opposition?
There are substantive victories and procedural victories. Procedural victories are cheaper and faster. You win because the other side, for example, failed to respond to discovery requests. So you file a motion to compel and, if the other side still fails to provide discovery responses, a motion for sanctions.
Should I get a trademark or LLC first?
For most businesses, form your LLC first, then trademark, because the LLC becomes the legal owner of the trademark, providing asset protection and official business status, but it's wise to do a trademark search before finalizing your LLC name to avoid conflicts and costly rebranding later. Forming the LLC first establishes the entity that will own the mark, simplifying ownership, but checking name availability before formation prevents issues where your chosen business name is already trademarked.
What names to avoid for LLC?
You should avoid LLC names that are misleading, include restricted words like "bank" or "insurance" (unless licensed), contain offensive language or suggest illegal activity, are too similar to existing trademarks, imply professional licensing you don't have (like "CPA"), or use overused clichés (like "Apex" or "Pinnacle"). Always check your state's specific rules and ensure the name isn't already registered or trademarked.
What is stronger, TM or R?
Legal Protection: The ® symbol provides stronger legal protection than ™. It gives you the right to sue for trademark infringement if someone else tries to use your registered trademark without permission.
Who is the owner of a trademark?
Trademark owner is the party who controls the nature and quality of the goods and services used in connection with the brand. The owner of a trademark is the person who applies the mark to goods that they produce, or uses the mark in the sale or advertising of services that they perform.