Can I withdraw my trademark application and get a refund?

The short answer

You can withdraw a trademark application while it is pending. Withdrawal immediately ends the procedure and cannot simply be revoked. Treat it neither as an informal pause nor as an automatic refund option. First establish whether a correction would suffice and which cost items are actually involved.

Identify the underlying problem before withdrawing

An unsuitable name, a changed business strategy and an official objection are different starting points. Decide whether you want to abandon the sign completely or merely change particular details. The IPI permits amendments during examination, although certain amendments can result in a different filing date.

Write down the products and branding you will need going forward. Only then choose between continuing, amending and withdrawing. An official decision already issued changes the procedural position. Do not assume at that stage that an ordinary withdrawal notice to the IPI can simply eliminate the decision.

Sources: IPI: Withdrawal and fee consequences

Submit a clear declaration with the required signature

Under the IPI guidelines, withdrawal takes effect immediately, cannot be revoked and cannot depend on a condition. Wording such as 'withdraw only if the fees are refunded' is therefore not an appropriate solution. Resolve outstanding questions before making the binding declaration and identify the application precisely.

Withdrawal requires a signature. When submitted by email, the signed declaration must be attached as a PDF; a casual sentence in the email itself is insufficient. Retain the declaration, proof of submission and official confirmation. Where several people are involved, coordinate the decision with those authorised to sign.

Sources: IPI: Withdrawal and fee consequences · IPI: Submitting signed procedural documents

Separate official fees from professional charges

The filing fee and class surcharges become due through filing. The guidelines expressly exclude reimbursement upon refusal and explain that removing classes does not automatically recover their surcharges. Do not infer a blanket refund promise for your own withdrawal; ask for the actual fee position to be clarified.

Professional fees depend on the agreed engagement and work already performed. Request an understandable account and details of outstanding services. If you restart with a different sign, budget again for searching and filing. Withdrawing the old application does not reserve its earlier filing date for the new name.

Sources: IPI: Withdrawal and fee consequences · IPI: Amending an application after objections

What you can do now

  • Compare amendment and withdrawal against the outcome you need.
  • Clarify official fees and professional billing before declaring withdrawal.
  • Keep the signed withdrawal and official confirmation securely.

Frequently asked questions

Can I simply reverse the withdrawal later?

No. The IPI guidelines provide for irrevocable withdrawal. A later application is a new procedure and does not automatically inherit the old filing date.

Sources: IPI: Withdrawal and fee consequences

Are official fees refunded after refusal?

The IPI guidelines exclude reimbursement of the filing fee and any class surcharges when an application is wholly or partly refused.

Sources: IPI: Withdrawal and fee consequences · IPI: Amending an application after objections

Assess the new name before filing again

If you want to restart, identify the previous application and proposed name in your enquiry. Clarify its suitability and the new goods list before incurring another set of filing costs.

CHF 599for your first trademark in Switzerland

CHF 249 service fee including VAT + CHF 350 IPI fee. Up to 3 classes.

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Sources and context

This article explains general principles. Whether and how your sign can be protected depends on the sign, the goods and services concerned, and earlier rights.

  1. IPI: Withdrawal and fee consequences ↗www.ige.ch
  2. IPI: Submitting signed procedural documents ↗www.ige.ch
  3. IPI: Amending an application after objections ↗www.ige.ch